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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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The Ex's financial wish list

  • sicofit
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28 Dec 07 #9628 by sicofit
Topic started by sicofit
My Partner is currently going through the financial aspect of his divorce. This has been dragged out by his ex for over 18 months as she has failed to file paperwork etc.
I have shown that I contribute 50% of the household out goings but she is not content with this is and is threatening to summons me to court for the following:
P60, a list of my "assets" including savings etc a CTV of MY pension, and she wants to know if I have any inheritance prospects????
We arenot married and have no intension of getting married, I am by no means rich, I have just sold my house and she thinks I have £££££££ hidden away which I dont I got 8k in equity..
She states that my assets are an income available to my partner and wants 50% along with 250k lump sum plus spousal plus CM plus 1500 pcm plus 50% of his pension and other amounts! they were married 4 years and have two children.

She claims that she has run up debts of 21k in the three years that they have been apart and wants my partner to pay that off as well.

We do not have the 250k, we dont even have 10k between us we just manage to scrape by each month...

She wants us to buy her house,re decorate it and landscape the garden basically and then be able to live the life of luxury while we both work.

Can the courts award these huge sums whilst we obviously don't have the money to pay them???

Can she summons me to court to look at my finances when I have shown that I pay 50% of all the household outgoings? I also have three children of my own to consider and yet her Solicitors say my children don't come in to this and yet they are willing to take my money in to consideration when awarding her money..:S

  • Specialdad
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28 Dec 07 #9632 by Specialdad
Reply from Specialdad
Dont worry about the summons threat. Be honest about your finances. She will receive a fair amount as judged by the court, so she can carry on dreaming about large sums.

  • sicofit
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28 Dec 07 #9636 by sicofit
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sorry maybe I am misunderstanding are you saying I should disclose ALL my finances including my parents will??? again I will not be left a fortune just a couple of 100, I have been honest as to what I pay each month but surely that is all they are entitled to know??
I can't get my head round all this.. why should I disclose my income/assets so that she can claim it as income for my partner and take half? seems a tad unfair?? This isn't a dig at you SD its just no one seems to know the answer to this I keep getting different "what not to do's" by different people and now its come down to her threatening to take me to court..

  • LittleMrMike
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28 Dec 07 #9637 by LittleMrMike
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I recall, many years ago, a murder mystery on the telly
where a former wife in receipt of maintenance was done in, and of course the ex husband was suspect number 1, but the culprit turned out to be his new wife, and when arrested, she complained, ! Do you realise I have to pay a third of my salary to that woman ? ' but whoever wrote that should have got his or her facts right.

The Courts cannot redistribute the income or assets of someone who was not a party to the marriage. Your income or assets are only relevant to the extent that the Courts would expect you to pay your fair share of the household expenses ( 50% doesn't seem wrong ) and to that extent it goes some way towards meeting your partner's needs, which means that spousal maintenance might be higher than it would have been if he were living on his own.

I can't comment on the spousal maintenance aspect because I don't have details of your respective finances. My understanding of the legal position is that the form E asks for certain basic details of the financial situation of a new partner. I believe it is, in theory, possible to summon a NP but it does not seem to happen at all often. It is, I believe, possible for either party to apply for an ' inspection appointment '
but I think that in your position I would be inclined to provide details of the household bills, and show that I was contributing half, which is really all she's entitled to. If she pushes this line of argument too far the judge might think she was wasting the Court's time and make a costs order against her.

No Court can reasonably make an order for a lump sum unless the payer has the means to pay it.

Mike 100468

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28 Dec 07 #9655 by Specialdad
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Sicofit.

You are cohabiting with a partner who is going through a financial settlement court hearing due to a divorce.

He has two children and is liable to pay CM.

Disclosure is necessary to obtain a fair settlement for all parties.

As I said earlier ignore any threats and do as requested by the courts even if that means full disclosure.

Dont worry about any digs, like superman they call me the man of steel!!!

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