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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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what should i expect???

  • doodles
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06 Mar 08 #16036 by doodles
Topic started by doodles
please could anybody help?? im awaiting on financial agreement, but dont know what to expect ot settle for as fair? i left my ex after being in an abusive relationship for 20 yrs have 2 children one 17 who lives away with her bfriend and 12 yr old who lives with me at my mums and occasionally visits her dad.my ex is currently on around 75k a yr and im on 20k. he lives in the marital home with gfriend, currently on the market for 320k. he has all three cars worth around 25k. he has spent 50k (his share money) paying off credit cards that where in his name and claimed 39k of my share money after it was accidentally deposited in his bank account by the share company. he has not paid me a penny towards either myself or my daughter. we own my mums house worth around 100k and he has a pension worth around 100k and mines worth around 30k.he has numerous bank accounts in various family members on both sides. many thanx for any ideas as my ex is very manipulative andappears to know the law.

  • attilladahun
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06 Mar 08 #16050 by attilladahun
Reply from attilladahun
Summary

Age of H
Age of W

Length of Marriage: 20 years +
So long marriage with children
So as a minimum –starting point 50%/50%

Big feature of the case will be meeting your housing needs by a lump sum being a minimum of 50% of matrimonial capital and your ability to raise a mortgage [say 3-3.5x so £60,000-£80,000] What is the costs of reasonable Housing for W and H?

W has child of 12 living with her

Incomes:
H £75,000
W£20,000

Capital

FMH £320,000 on market for sale
Mortgage?

Cars £25,000
W shares £39,000

Mum’s House £100,000
Mortgage?

Pensions

H CETV £100,000
W CETV £30,000

Other features

H “failed” to pay CM for daughter
H “failed” to pay SM
Abusive relationship for 20 years
H cleared £50,000 of “his” C/C debts from his capital
Allegations of H “hiding” £ with family members-what evidence is there to corroborate this?
H lives + G/F
G/F works so can contribute to H’s outgoings and housing needs –does she have £ capital- may help his mortgage ability.



25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A
(1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 , 24A or 24B] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.
(2)As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 24A or 24B]above in relation to a party to the marriage, the court shall in particular have regard to the following matters—
(a)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, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c)the standard of living enjoyed by the family before the breakdown of the marriage;
(d)the age of each party to the marriage and the duration of the marriage;
(e)any physical or mental disability of either of the parties to the marriage;
(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

Please fill in missing information

  • doodles
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06 Mar 08 #16055 by doodles
Reply from doodles
thank you very much for your speedy reply,

ages are h 43 w 39
mortgage on mh 135k
no mortgage on mums house but an aggreement was supposed to be drawn up that my parents could occupy untill death of both parties (was my step dads council house we bought for 12k)
gfriend earns around 15k and has 3 yr olod from unknown father
bank accounts books are kept by him and small amounts remain in each
has also run a business for past 7yrs in my name and not declared true income to inland revenue but stating its my business, though not a single penny has ever entered my pocket or bank account. many thank, hope ive given enough info.

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