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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.


Long Marriage/At my wits end

  • JustH
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26 Nov 07 #7694 by JustH
Topic started by JustH
Could anyone please tell me if, after a 22 year marriage, the fact that I have stayed at home by mutual consent to bring up the children, 20 and 14, whilst he has been all over the place building his career as a 70 grand plus earner, will be taken into consideration?

Also the stage that I'm at now, I am the main carer for two elderly parents(one disabled and in a wheelchair/ both housebound except for when I take them out) as an only child, and would find it difficult to work much, if at all

I'm starting to get really dark thoughts and have nobody to talk to- no extended family etc

Any advice would be gratefully accepted as tomorrow is the first appointment for an hour with my solicitor to discuss financial issues, since his solicitor sent a totally unacceptable proposal of financial settlement

  • Specialdad
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26 Nov 07 #7697 by Specialdad
Reply from Specialdad
Looks like the facts are:

1. Long marriage

2. One child under 18

3. Main carer not working.

My guess you will be entitled to 70% of the house and staying in it till the youngest child is 18 if your ex cant buy you out and 15% of his net earnings and a generous slice of his pension and all assets.

Get ready for a long haul flight sorry fight!!!! B)

  • JustH
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26 Nov 07 #7698 by JustH
Reply from JustH
Thanks for a quick reply

Is that 15% of his net earnings as spousal maintenance or child maintenance as well- and for how long?

I just want to get an idea before going to solicitor tomorrow

Can't think straight at the moment

Doesn't help that he took her out yesterday and bought her a brand new mobile plus iPod Nano, along with other stuff

I'm now the wicked mother for expressing my disapproval- to put it mildly

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26 Nov 07 #7703 by Specialdad
Reply from Specialdad
Best to get a lump sum as spousal maintenance and monthly amounts for the child.

You cant buy love or did his mother not tell him!!!! B)

  • LittleMrMike
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26 Nov 07 #7707 by LittleMrMike
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Juicymoon

In answer to your specific question, the fact that you stayed home to look after the kids is most certainly taken into consideration, ie your contribution as mother and home-maker and his as breadwinner will be regarded as of equal value.

I think Specialdad is right that you would be allowed to live in the house until your youngest reaches 18, but there are some posters who think that there is a tendency with judges to make awards closer to 50% and I would ask your solicitor about the local judge to give you a guide.

Mike 100468

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26 Nov 07 #7709 by JustH
Reply from JustH
Thanks very much Spciealdad- you sound like a really nice person and bet you really are a special dad

Mike- 50% of what- the equity?

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26 Nov 07 #7715 by LittleMrMike
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Yes, I was talking about the equity, but after a long marriage there is a very clear presumption of an equal split of assets generally.

Mike

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