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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.

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

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

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  • doodlepip
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30 Mar 20 #511967 by doodlepip
Topic started by doodlepip
Ok this may be a bit long, but me and STB exhusband are at the financial settlement side of the divorce. We both have solicitors but I wanted opinions from others to see what they would consider a fair settlement.

Situation I left the marital home in 2011 after 8 years of marriage, ex initially supposed to leave but didnt so I felt I had no option and moved into a rental with nothing to my name. We 50/50 shared custody of our 2 children although as he was a high earner and I wasnt he reluctantly gave me 200 per month child maintenance and I maintained the tax credits and child benefit. We both worked full time, he worked quite far from where the kids went to school, I was the parent who was called upon to pick them up when sick, take them to appointments etc so eventually I went part time as it was easier to manage the schedule.

He issued divorce proceeding in Jan 2019( after previously ignoring my issuing of divorce proceeding in 2015).

So the financials are this:
He has remained in the marital home and the equity in it is approx £75000
He has a pension pot of approx £80000
He earns 60 thousand a year plus and has savings of 20 thousand.

I continue to rent, I no longer work due to illness from which I'm still battling and I survive on income support and pip and get help with my rent. I worked up to getting sick in 2018.

So my ex has said hes willing to give me 25,000 he has worked this out as the equity in the house the time that I left in 2011.

Current equity if split 50 50 is 38000 each not taking into consideration pension.

My solicitor was thinking of a 60/40 split to me but was also going to ask for a portion of pension not half but what would be based on length of marriage.

Ex husband is furious that he has paid the mortgage since we split and I shouldn't be benefiting from this. However I've rented since I left and if the situation was reversed in fairly sure he would be chasing me for more than what the equity was in 2011.

I'm just wondering what others feel is fair. I'm used to backing down and letting him intimidate me but I'm trying not to let my fear of him get in the way of what is fair and right.
Thanks for reading.
For clarity we are in N. Ireland and his salary is considered a high salary.

  • WYSPECIAL's Avatar
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  • Moderator
30 Mar 20 #511968 by WYSPECIAL
Reply from WYSPECIAL
Point out to your STBX husband that he may have paid the full mortgage on the house he had sole use of but was half yours but he didn't pay you half the market rent for all that time. One balances the other out.

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