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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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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.


will i have to pay for him all my life

  • tuvalu
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13 Nov 07 #6591 by tuvalu
Topic started by tuvalu
have been married 30 plus years, husband has not worked since late 70s, he did look after son from 5. He can be bad tempered. not all been bad but i did far more in marriage, paid bills, mortgage long working hours etc, till it wore me out. Still employed but dont really want to retire with him, house, mortgage, savings and debts all in my sole name. very aggressive rows recently dont think can divorce whilst living in the same house, he has heart problems. if i left could the house be transferred into his name. he has nothing in his name, not intentional was because i was the worker and had to sort all that out. He does not understand words or numbers. I am worried because he is now ill he will take the majority of assets and there will be nothing for my son. His family are crooks, and because of literacy problem will just rob him. i suppose i dont want a bunch of crooks taking my hard earned money. I want my son the reason i stayed to inherit. If i laeve and disapear can the property be transfered in my absence

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14 Nov 07 #6595 by TMax
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nothing can be transferd if its in your signature. you take son and you have more of the the total assets than your x2b. leave your son behind and your x2b wins hands down, he will get the bigger share of total asset pot ie wages house savings etc share in the region up to 70/30 in favour of who has child, needs of child are thought of in court than either parents, other here will let you know of thier experianceof these things

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14 Nov 07 #6596 by tuvalu
Reply from tuvalu
thanks for reply, son is 33 he did live at home but moved out so its just xtb and me. as son is grown up have discussed marriage with him, he reckons marriage and what xtb and me have put in is 80% me and 20% xtb. even though he brought him up after 5, because really was incapable of working so someone had to do it. this may sound awful but if it wasnt for me there would not be a family home. also son recognises that xtb did bahave unreasonably. in some ways i hoping house will stay in my name so I can put son as benficiary in will until xtb dies. does anyone know what a martin order is

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14 Nov 07 #6597 by TMax
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Ok here we go :-)

A Martin Order is granted by the court. The wife or husband remains in the property for the remainder of their life or until a "trigger" event occurs such as remarriage or a voluntary decision to leave the property.

some how I dont think this is what you want :-)

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15 Nov 07 #6773 by tuvalu
Reply from tuvalu
Things are becoming intollerable at home. The only way to get out is if I leave and put distance between us, I mean milage.
House in my sole name as is the mortgage, bought after marriage, no young children involved, long term marriage. I have always had to be sole breadwinner.
Please can I have views on the following. xtb unreasonable behaviour, but do I really want a divorce as all I would do is end up paying. xtb not workd for 29 years.

When I leave

If xtb is left in house and burns it down deliberately what happens to insurance, can you insure for this

Can xtb get interim spousal maintenance payments if I still pay mortgage and I dont live there, what if I am not earning either

Can a judge transfer property to xtb without my knowledge, how long would it take after I leave if that is possible

can a judge order my bank to pay xtb without my knowledge, or would this be solely after divorce.

can i have a few examples on what the court thinks are unreasonable behaviour

Thanks in advance to anyone who can answer some or all of these questions

B)

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16 Nov 07 #6790 by Fiona
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Leaving and disappearing isn't the answer. Ultimately courts may make decisions without hearing your side of the story and can order the transfer of property. Also you will still be married and your husband would have a claim on your estate should you met with an untimely end. The usual advice is not to leave until the finances are sorted, but you do have the option of moving out and then tackling the finances. Can you elaborate in what way things are intolerable?

I wouldn't assume the house will go to your husband as both parties needs are a consideration and it might be necessary to sell the property to achieve a fair division of assets. Spouse maintenance not only depends on his needs but also your ability to pay. With the finances you should look at the whole picture and it's a good idea to consult a solicitor to find out where you stand legally.

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