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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.

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Just started! Any advice appreciated

  • bunny
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22 Jun 07 #925 by bunny
Topic started by bunny
Hiya, first time posting Eek!

Wont go "into one" with the details, X2B left recently - via text - very adult!

Home - Value 290K
Mortgage - 163K

Married - 13 years - no children

Me - Have only worked p/t for last 9 years as suited so I could use spare time to do all admin/acc's for his business - now been sold. Just returned to work p/t, 9 months off following motorcycle accident - not yet fully recovered but getting there. Now paying mortgage. Earning approx 150pw
Assets 11,500K

Him - Self Employed - Earning approx 600-800 pw
Assets approx 30K

Petition issued by me.

Just wondering where I'll stand at the end of it all. Under pressure to sell home, he says it would be fair to split that 50/50 and thats it. Solicitor advises not to do that at the moment. Will I have to leave my home? What options are open to me? Will it just be a straight 50/50 split on home proceeds or should I expect/entitled to more? Any advice would be appreciated.

Have been lurking and reading for a while, learning lots, thanks. Must be feeling better today to actually post. Hope I havent gone on too much!

:)

  • PETAL
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22 Jun 07 #926 by PETAL
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Try to stay in the home - it gives you a chance to lead. If you sell quickly it gives you 1 less pawn to play with.

Mine is for sale no viewers and FDH changed to end September.

My ex thinks he can empty the house not pay a penny and I wont take this into account. I dont think so!

The blackmail will start trying to make you end up with less.

I can say: - If you go sol route dont write / call them unless its major important and write down what you want to say, keeps your costs down. Although a call / letter is cheaper than a visit for a hour.

Be prepared to fight and thing take so long.

Dont go the court route if you can help it costs big sol bucks and hard to get Judge to take self reps seriously.

Try to keep talking to your ex but dont be intimidated I have not spoken to mine 15 months and negotiationhas become non existant now going to court

  • DownButNotOut
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25 Jun 07 #950 by DownButNotOut
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bunny,

In cases involving no kids where both adults are able to work then I would say that 50/50 is quite fair.

You may have a case for spousal maintenance, as you earn quite a bit less than him (150 vs 600).

However i think as there are no kids, then the court would expect you to work full time so you need to calculate what a full time wage would be for you (300??)

Then as he is self employed do not be too suprised if his income appears to take a bit of a dip (at least on paper!!).

Perhaps 50:50 on assets and 3 years spousal maintenance would be a good guess at a possible outcome. (or 60:40 to you with no SM)

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