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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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what shall i claim for

  • heartbroken
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04 Nov 07 #5835 by heartbroken
Topic started by heartbroken
Hi can anyone advise me on what im entitled to. i never thought i would ever ask that question bufore but my husband of 14 years left me with two children said he dont want to be a family man or married any more, just out the blue. he now says he will help me with child care when he can and for me to sell the house so he can have his share of the equity to start again. what am i entitled to roughly anyone know? thanx:unsure:

  • Sera
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04 Nov 07 #5840 by Sera
Reply from Sera
Welcome HB... sorry to hear another victim to spouses sudden change of heart. But you're among like minded, good company here!

(This cost me many hundreds of pounds to aquire this information! Happy to share with you).

You do have matrimonial home Rights, as his wife to stay in the house. Even if your name is not on the deeds, and regardless of who paid what, at which point.

In divorce, a form E is disclosed, with the divorce application. You will both need to provide full details of all assets, savings, pensions, income, etc, etc, which goes into a 'Pot'.

You then look at 'needs' for both parties. You have two kids, so your needs are probably for a 3 bed home, his needs are for his accomodation as a single man.

At this point, you should not be intimidated out of your home. A courts concern is primarilly for the childrens welfare, their rights, considerations of the location of their schools, and their parent with care. (Assuming that is you?)

The divorce process may take a while, and unless a judge were to order a sale, your husband cannot do anything about your continued occupation. (Althoughm if like mine, he could try saying you're abusive, and try and get an Occupation order to rid you of your home).

Currently, most of us are waiting 18months - 3 yrs, to sort finance, child issues and divorce finalised.

70-30% splits seem the norm, (in the PWC's favour) when there is a woman at home with dependent children (under 18)

It is not an 'option' for him to pay childcare. He is required to pay 20% of his take-home pay for the kids alone.

If you get spousal support, you should continue, although if he refuses, you may need legal advise. A solicitor will advise if you can apply for Maintenance Pending, through the courts to order him to pay whilst you're going thru' the divorce.

Once you have the finances sorted, your ability to work will be assessed, and he may still be ordered to pay, even if only for a short term period.

If you post all details: age of kids, value of house, equity in house, pensions, incomes, length of marriage etc, somebody expert might give you more insight into what you are likely to receive.
Good luck

  • scottishlady
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04 Nov 07 #5841 by scottishlady
Reply from scottishlady

I am very sorry to hear of your situation....
You will need to post more information in order for someone to 'guide' you re your question...
both your salaries
equity in house

"he will help with childcare when he can".... 'he wants to sell the house so he can start again'......
I'm afraid it's not quite as simple as that.... he has an 'obligation' to take care of his children... and their housing needs will be foremost in any dealings with the court...
Have you had any legal advice?.....
Try to see a solicitor that offers a half hour free initial consultation....
I wish you luck...

  • solarcarrot
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04 Nov 07 #5842 by solarcarrot
Reply from solarcarrot
Thats big of him! He will help you with the childcare when he can? You need to seek legal advice as soon as possible, start with Citizens advice and look at their website, find a solicitor with a free half hour initial consultation.

It all depends on your respected salaries, equity etc but immediately he must pay child maintenance to you of 20% of his net income. You will both provide financial disclosure of all your assets, a marriage of 14 years will put all the assets in one big pot and then it will be divided, you as the primary carer will generally get more than 50% as the courts rule in the best interests of the children. There is no guarantee u have to sell the house, it depends if there is enough equity to support you, he may also have to pay you spousal maintenance to help you with your financial needs.

Its all case specific so get that advice, look at this site and CAB site and maybe use the Divorce Calculator for a rough estimate. Good luck

  • heartbroken
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05 Nov 07 #5916 by heartbroken
Reply from heartbroken
thankyu for your advice im seeking legal advice this week, he now said he will do what ever for kids but begging to claim as much as a single parent can get so he only has to pay the mortggage to the house while we still in it.

  • sexysadie
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05 Nov 07 #5922 by sexysadie
Reply from sexysadie
You should claim everything you can in terms of benefits whatever he says - you are entitled to it. Don't forget reduced council tax if he is not living with you.


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