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What are we each entitled to in our divorce settlement?

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3rd party claims

  • notgettinganywherefast
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19 Aug 21 #517490 by notgettinganywherefast
Topic started by notgettinganywherefast
There is an intervener in my partners financial proceedings. That matter is being dealt with prior to the FDR in a hearing set for 2 days (he's hoping it doesn't take that long!).
His ex has suggested her interest in the FMH (which is in my partners sole name) should be allocated/decided before the interest of the intervener is quantified. Is that possible? Surely the intervener claim needs to be decided so that any beneficial interest awarded to them is deducted from the 'pot' available for settlement between the married parties?
We're confused!

  • hadenoughnow
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19 Aug 21 #517492 by hadenoughnow
Reply from hadenoughnow
The purpose of FDR is for you to settle if you can.

That settlement will be based on the available assets as well as needs. The extent of the available assets can only be known when the matter concerning the intervenor has been settled.

So yes. The intervenor case has to be settled first.

NB if a specific settlement is needed e.g. for her to rehouse, it may mean it represents a larger percentage of the assets. This may or may not be acceptable. Without knowing the details of the case it is hard to comment.

Hadenoughnow

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19 Aug 21 #517493 by notgettinganywherefast
Reply from notgettinganywherefast
Thank you that's what we thought was the case, so that's a relief.

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