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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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Non Matrimonial Assets

  • Robert1977
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10 Nov 07 #6336 by Robert1977
Topic started by Robert1977
Do the courts take non matrimonial items into account these days? And would they play much part after a 13 year marriage (separated last 2 years)

I had a flat prior to marriage which we sold and bought a house together.

I also had a pension for 6 years prior to our marriage so is the full pension pot taken into account? As almost half of it was only accumulated during the marriage.

Excuse me if these questions are a little basic as I am new to all this and need as much help as I can find.

Warning Emotions coming out! To complicate matters the house we bought after selling my flat was also part gifted as an inheritance of sorts. This complicates things as there are emotional ties which I find hard to swallow. eg. I feel my ex wife is being set up for life now by my grandparents and everything they worked for, and I am being left with nothing. My gran would turn in her grave. Is inheritance also a factor in financial settlements?

Thanks in advance

  • Fiona
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10 Nov 07 #6337 by Fiona
Reply from Fiona
I know how you feel. Basically everything you mention goes into the 'pot.'

Inheritances are a grey area. Inheritances should be disclosed and if the needs of both parties can be met from the other assets the inheritance might be alloted back to the person who inherited if the inheritance had been kept separate from the family assets, especially if the inheritance was recent.

  • Robert1977
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09 Apr 08 #19095 by Robert1977
Reply from Robert1977
Thanks Fiona. Just an update. I've put those inheritance thoughts to bed now. Time is quite good at rationalising.

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