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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.


Can anyone help/advise on my current situation?

  • Sunshine1
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04 Dec 07 #8438 by Sunshine1
Topic started by Sunshine1
Hi

I'm new to this forum so please bear with me.
I'm currently going through a divorce with my ex wife, should be finalised in a couple of weeks. But I feel like I am hitting my head against a brick wall when it comes to the financial settlement.

We have had 5/6 mediation appointments which I felt was a complete waste of time and money, the last 2 appointments my ex offered to buy me out with 30k which I declined and then she offered me 10k, I couldn't believe it...... To give you an idea of the equity in the property, the house was valued at £232k and the mortgage outstanding is £30k, the only thing that will go against me is that i havent paid towards the mortgage or my 4 year old since i left (I basically had to rent somewhere and money has been tight). I have my son every other weekend and an agreement of £200pm was agreed once things has been sorted out.

My ex has recently got engaged to her new fella and is expecting his baby in 2008, I have asked her numerous times if he lives there but you guessed it she denies it. I have looked on several websites which basically says the judge will favour the woman as she looks after my son and I have to provide a roof over his head.

I am currently at a stage where I am waiting for her to let me know of a better settlement figure, which I have been waiting for, for over a week, she wont return my calls so I will have to take a trip to my old house to battle it out on the doorstep.

I dont have a solicitor as I cant afford one, please could anyone advise what i should do next, i really dont want to take it to court and end up getting nothing and having to pay a hefty bill.

Your responses would be appreciated.

  • attilladahun
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04 Dec 07 #8439 by attilladahun
Reply from attilladahun
Absolute nonsense you wife will have to pay you a shed load more than that.

You have to give lots more financial details:

Length of Co Habitation
Length of marriage

Any endowments etc
W- age/ income/ hours worked
C- ages and how much O/Nt contact do you get
So can wk out CSA

Your income net a year and per week
Her income net a year and per week
Does she work over 16 hours -if not why not?

If wkg is she likely to take full maternity leave.

Does she get tax credits

Capital of H & W?

Debts?
Are these H or W or Joint Mat debts

W pension? how much Cash equivalent transfer value
H pension ditto

W's boyfriend- single /divorced?
Any other C?
What is his likely income
Any known capital eg house etc?

Big plus for you is W's relationship
They are engaged so Crt will Take His financial position into account as a "resource" -doesn't mean his cash is in the pot BUT it does mean that she has larger financial resources to raise £ to pay you out etc:)

You have to get a good solicitor as you will get a healthy settlement.

Generally if W sets up home the Court would expect her and him to raise funds to buy out your equity in Former Mat Home (FMH)

It would do no good to your cause old son to bumble along without a solicitor. You are clearly going to get a significant lump sum- heck the equity is c £198000

If she lives with him she should not get more than 50%
save for an adjustment to equalise pensions and the non payment of CM.

Assuming you have pensions t-if you keep those it will reduce the % a bit.

If say you to get 40% =c £80000 and W + B/F can only raise £50000 you can take a charge on the property for £30K expressed as a% of the equity to be realised in specified number of years say 5 Maximum.

  • attilladahun
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04 Dec 07 #8440 by attilladahun
Reply from attilladahun
Absolute nonsense you wife will have to pay you a shed load more than that.

You have to give lots more financial details:

Length of Co Habitation
Length of marriage

Any endowments etc
W- age/ income/ hours worked
C- ages and how much O/Nt contact do you get
So can wk out CSA

Your income net a year and per week
Her income net a year and per week
Does she work over 16 hours -if not why not?

If wkg is she likely to take full maternity leave.

Does she get tax credits

Capital of H & W?

Debts?
Are these H or W or Joint Mat debts

W pension? how much Cash equivalent transfer value
H pension ditto

W's boyfriend- single /divorced?
Any other C?
What is his likely income
Any known capital eg house etc?

Big plus for you is W's relationship
They are engaged so Crt will Take His financial position into account as a "resource" -doesn't mean his cash is in the pot BUT it does mean that she has larger financial resources to raise £ to pay you out etc:)

You have to get a good solicitor as you will get a healthy settlement.

Generally if W sets up home the Court would expect her and him to raise funds to buy out your equity in Former Mat Home (FMH)

It would do no good to your cause old son to bumble along without a solicitor. You are clearly going to get a significant lump sum- heck the equity is c £198000

If she lives with him she should not get more than 50%
save for an adjustment to equalise pensions and the non payment of CM.

Assuming you have pensions t-if you keep those it will reduce the % a bit.

If say you to get 40% =c £80000 and W + B/F can only raise £50000 you can take a charge on the property for £30K expressed as a% of the equity to be realised in specified number of years say 5 Maximum.

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