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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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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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Had first hearing. Now going for FDR.

  • BVG
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05 Feb 08 #12901 by BVG
Topic started by BVG
I divorced my wife after i discovered that she was having an affair. Intially she admitted to 2 years but I have now found out it was 4 years. My health suffered badly (depression) and I lost my job at the age of 60. I took my pension (in payment).I tried to sell the house as agreed but after 9 months failed. During that time I was subjected to intolerable telephone abuse. I moved out and agreed with my wife would move back in and that she would sell the house and we would divide the proceeds. Shortly after this she moved her lover/partner in. She was adamant that she was not interested in my pensions. Our solicitors sorted out the first form E submission and we had our 1st hearing in court. Thats when things started to change. I was accused of many false declarations and deceptions. The judge gave several directions to both of us and to this end a 2nd Form E was submitted. The near hearing (FDR) is one week away now and during this time waitng for a hearing my ex wife's has stated she has hired an Actuarary. This came as a total shock and I realised that I would have to do something quickly. I hired a finacial consultant to produce a report on pension sharing. The report was based on equalisation of pensions at the age of 63 (my ex wife's retirement date.) It came out in my favour 38% to my ex and 62% to me. We both had pensions in our right. We had been married for 25 years and lived together for 5 years before that. There were no children.
Now it appears that she wants the house (valuse circa £285000)for herself or provision for one of similar value and me to accept a payment of £50000. Her partner (lover) earns £11500 PA and she earns £17800 PA. I only have a pension of £10500 and my partner of a while now in also a pensioner drawing only a state pension of £110 PW. The cottage we live in is my partners and is small and only designed for 1 person. (1 bedroom, box room,bathroom, lounge/kitchen, no front garden very small back garden). I was hoping for a division of assets, ie sell the house and share part of my pension. This would give myself and my partner a chance to sell up and maybe buy a small two bedroom property. My ex is not agreeing to any of this and is adamant she will remain in the house. I am extremely worried about the next FDR and possible outcome. If it then goes to a Final Hearing i dread to think of the outcome. Please any comments would be helpful and supportive (hopefully!)

  • IKNOWNOW
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05 Feb 08 #12905 by IKNOWNOW
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This is just my personal opinion but I think as there are no children involved; the fact that your x wife works and has her own pension, and is also co-habiting that yours sounds very much a 50/50 split of assets. I wouldn't worry unduly as long as your form E is a full and frank disclosure of your financial position and you scrutinise her form E then I really don't think you have all that much to worry about.

Sure others will add their opinion to mine.

Hope my opinion may go some way to putting your mind at rest.

I have been looking at so many alternatives as to how my finances may be split. I have to house myself and 5 small children but my x2b is only thinking about himself, not his children.

Good luck, I am sure you will be fine.

Regards, Sarah

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05 Feb 08 #12912 by dukey
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Hello rig i agrea with our learned friend i think you have little to fear from the fdr you had a long marrige and no children bearing in mind you only have a pension (and your partner) and your x wife has a good income you may even do slightly better than 50/50 split of assets is you x wifes pension comparable to your own even if its worth less 50/50 still sounds fair, chin up and with luck you can look for a new home for the two of you and biuld a new life with a fresh start, dukey

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