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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.


Entitlement

  • Dreamweaver22
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28 Nov 07 #7975 by Dreamweaver22
Topic started by Dreamweaver22
Can someone give me any advice on entitlements, please?

My husband wants to split with me after nearly 8 years of marriage and we jointly own a house that he pays the mortgage on. The reason for this is that when we met I had a mortgage-free property that I inherited from my first husband who was tragically killed in the car accident. There are two daughters from that first marriage. I put the whole value of this property in to the house my 2nd husband and I bought together and he took out a mortgage for the rest.

I have never asked or expected my 2nd husband to support me financially for the children - they are not his after all.

He has had very little income over the last 11 months and we have built up credit card and loan debts because of this. My salary has been used to contribute to joint expenses.

We are sharing the mortgage 50/50 for the next few months - hopefully enough time for him to get a job - and then he says that whoever stays in the house (= me) will have to be responsible for the mortgage because he will have to find a place of his own and meet his loan repayments.

Am I totally stuffed here or am I entitled to anything?

  • Camberwick green
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28 Nov 07 #7995 by Camberwick green
Reply from Camberwick green
From what I gather because you have children you could reasonably expect to gain a 70:30 split in assets in your favour, whatever you brought into the marriage is not considered vital now, it is what you have accumulated through the marriage.

I don’t know about support as you say they are from your 1st Husband, but your 2nd Husband took them on financially for the length of your marriage which is classed as a fair length of time, so you may be looking at some kind of support there for yourself and/or them.

I would imagine you would be allowed to stay in the FMH until your youngest is at least 18 years of age.

Others on here have far more knowledge than myself on the support matter,

One thing...... don't worry you will not be left out in the cold
good luck x

  • Dreamweaver22
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28 Nov 07 #8001 by Dreamweaver22
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Thanks for your advice - much appreciated - as was the lovely comment at the end of your message.

I really don't expect anything for my daughters, but I would like to be able to stay in the house without having to pay the mortgage and I am prepared to meet the running costs. It's going to be tight enough without involving a legal beagle ...

  • Fiona
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28 Nov 07 #8002 by Fiona
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You won't be stuffed. Settlements depend on the factors relevant to the individual case and it's incorrect to assume the PWC can automatically expect a 70% share.

All the his/her/joint assets (including pensions) minus debts form the value of the 'pot' to be shared fairly between both parties. The starting point for division is 50:50 unless there is good reason to deviate from that. A good reason is housing the children.

When there are limited resources the emphasis is on 'need' and housing the children is a priority, but when there are substantial assets the emphasis moves more towards 'sharing.'

The considerations are;

1) The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future

2) The financial needs, obligations and responsibilities where each of the parties to the marriage has or is likely to have in the foreseeable future

3) The standard of living enjoyed by the family before the breakdown of the marriage

4) The age of each party to the marriage and the duration of the marriage

5) Any physical or mental disability of either of the parties to the marriage

6) The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family

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28 Nov 07 #8015 by Dreamweaver22
Reply from Dreamweaver22
That's really helpful, thanks, although I fear that 70% of zero or below zero is still zero ...

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28 Nov 07 #8016 by Fiona
Reply from Fiona
Your children will be seen as children of the family and when your husband gets a job the court has jurisdiction to order child maintenance. Also check you are receiving all the tax credits you are entitled to (www.entitledto.co.uk). Would you then be able to afford the mortgage if you received all the equity in the former marital home?

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28 Nov 07 #8026 by maxx
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so how would it work in my case then when the wife earns £43k an i earn £21k and she wants me to move out? we been togeather 17years(we meet at school)married for 9 and have 2 children of 9 and 10,i have looked into getting a mortgage and can only raise about £80-90k max cant get a house arond here for less than £130k,there is £100k equity in the house, i would like to have joint ress of our children as i dont feel they or i should loose out on our relationship..

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