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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Short marriage with a child

  • alanis34
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30 Oct 07 #5484 by alanis34
Topic started by alanis34
The marriage was short and we have a small child.
There is a FMH bought from the husband sources.
We seperate long time and there is no agreement.
What are my chances now?

  • Sera
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30 Oct 07 #5485 by Sera
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Welcome Alanis,

It's best that you give more details before anyone can comment on your 'chances'. Your chances for what exactly? A financial claim? To return to home???

Give length of marriage, (are you just seperated?) and age of child. Are you still living in the MH? Incomes etc.

Usually in short-term marriage, each party is returned to the status it had before, although if there were contributions from the wife, or a period of co-habitation that too can be considered.

You will each fill in a form E (financial disclosure) with your divorce application.

If you have a child with him, this could affect the situation. He is liable to pay 15% of income after tax, for the child, and you could try and claim spousal support, but if you're coping without that at the moment, it might be hard now to suddenly make a claim.

Your earning capabilities would be considered.

If you're still in the FMH, then you could stay there to meet yours and the childs housing needs. Your ex may not be able to sell it until the child reaches 18.

More details = more answers!!! :)

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30 Oct 07 #5489 by alanis34
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Thank you Sera,
for more details.
we seperated after less then a year. at the last 2 years I'm raising the child alone. He is lieving at the FMH.

He is claiming...bla bla bla and don't pay even child support while he surely had the ability to do so.

Now, while I see that nothing happend I thougt about the method of "nothing else matters" and to make a financial claim for half.

That was my question, what are my chances to get a half, and if there are no chance (as I understood from your answer) what to expect.
:kiss:

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30 Oct 07 #5490 by alanis34
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and more:
At first I was ok financialy (working, house) but now I am on wellfare

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30 Oct 07 #5500 by Sera
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You'd be best by contacting the CSA, (or whatever it's called? I don't have dependent child, so no idea how that process works!) He does have to pay for the child, and the claim (I think?) starts from your application, I'm not sure you can backdate a claim though?

If you're on benefits, check to see if you can get legal aid to assist with the divorce proceedings, (assuming you both want one?)

A solicitor will best advise what Financial settlement you should be looking for. If he can't addord the child, how comes he can afford a house? You could argue to backdate monies owed come from a share of the house. The court could force a sale.

There is not a 50%-50% rule. It gets sorted through negotiation between the parties, (starting with a full financial disclosure of ALL assets!) negotiating through mediation, or if all else fails, then through a Court. (Last, and most expensive option!)

If he doesn't appeal against it, you should be able to divorce under 2yr seperation ruling.

There are no 'rules' in divorce. So no one can answer your 50%? question. You will get a financial settlement if he has the larger pot. He could argue short-term marriage, but you can argue costs for the child at least.

Get some legal advise on this.

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