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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.


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share of assetts

  • AuntSally
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30 Oct 07 #5497 by AuntSally
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If I earn a lot more than my husband and we have agreed joint custody of the children - am I right in saying that he will receive a greater proportion of our assetts even though I have contributed more over the last 10 years?

  • OBEs 1 canoodly
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30 Oct 07 #5501 by OBEs 1 canoodly
Reply from OBEs 1 canoodly
Hello Aunt Sally,

Please forgive me for what I am about to say but it always amazes me how when a woman posts on here that she earns more than her husband and has put more in over the years that she is expecting us to come back with that answer that she so obviously is wanting to hear which would be "of course not dear, you are the woman for heavens sake, you can still take him to the cleaners ha ha ha!!!

Well actually it would work the same way for you being a woman as it works for men in divorce when they are the higher earner.

You would have to post us more information for someone to be able to calculate

length of marriage
Your wage
His wage
Your pension
His pension
Mortgage
House value
How many children

given the above information I am sure someone on here will be able to tell you exactly how it all works but I think you will find if it has been a marriage of reasonable length everything will be put into the pot and divided equally according to the situation regardless of who was rhe higher earner.

Kind regards

OBEs 1

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30 Oct 07 #5503 by AuntSally
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You have obviously had a bad experience, but for the record I don't have any opinion on women automatically getting the lion's share - I just want what is fair. You should really temper your responses this is obviously a very difficult time for everyone

  • mike62
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30 Oct 07 #5504 by mike62
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AuntSally,
You would also need to say how old the children are - if any over 18 and still in full-time education, they still count as dependent until their 19th birthday.
Regards
Mike

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30 Oct 07 #5505 by Fiona
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The key points here is that in seeking to achieve a fair outcome in sharing assets there is no place for discrimination between husband and wife and their respective contributions and there is an unequal division of assets only when there is good reason. Leaving both parties on a similar (not necessariliy equal) financial footing is a good reason.

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30 Oct 07 #5506 by AuntSally
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Thank you I just wanted to confirm this. On another note - is it unusual to have joint custody for children under five?

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30 Oct 07 #5509 by Fiona
Reply from Fiona
In the UK both parents have equal responsibility for their children, but there is no particular arrangement which suits all so in most cases divorcing couples agree something which works for everyone concerned themselves. In fact even when there is disagreement and the matter goes to court there is a policy of no order unless it's absolutely necessary.

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