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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


No idea what is right think to do

  • Tbm321
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15 Feb 20 #511425 by Tbm321
Topic started by Tbm321
Bought my own property in 2008. Had pensions from previous employment at this time. No pension payments made during marriage.

Ex wife moved in to my house in 2010. Never put on deeds. Married in 2012. 2nd house purchased in 2014. Ex is an Estate Agent. 2nd house put in her name.

Ex left in 2016. Decree Absolute granted in November 2017.
Land Registry Restrictions on both properties.

EX claims to have sold here house below market value after L regisrty restriction put in place.

After much wrangling. agreed to 0 - 0 deal. Filled in form E.

Now new solicitor telling wife to go for more. My original house acclimating value since absolute.

Questions

Can she go after pensions even thought they were accumulated before marriage?

Does new property values get considered even if gone up in value since she got absolute?

If we go to court and I self represent mostly. Am I liable for any solicitors cots she incurs?

  • hadenoughnow
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17 Feb 20 #511453 by hadenoughnow
Reply from hadenoughnow
Hmm.

What were the restrictions? You could only register matrimonial home rights on a property you'd lived in. If they were in place, no sale could have taken place until the Decree Absolute which ends the home rights (although they can be extended).

Why was the Decree Absolute granted before finances were settled? Did you have any form of written agreement at that point?

If she did transfer the property below market value, then you can ask for the full value to be considered in any financial settlement. Have you checked the land registry??

On what basis is the solicitor suggesting she should expect more? I would argue that any increase in value post Decree Absolute is excluded especially if she also had a property.

It is unlikely that pensions accrued prior to the marriage would be a factor in any settlement, especially if there are no children to consider. How old are you both?

If you are intending to self represent, you may want to look at the services we provide to help litigants in person. Give the helpline a call.

Hadenoughnow

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