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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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Help!!!!!

  • nutter36
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10 Mar 08 #16388 by nutter36
Topic started by nutter36
Hi,

My partner's ex wife has filed for divorce.They have been seperated for two years and married for 25 years. They own the marital home jointly with £190,000 equity, they also have 180,000 equity in another house (this is only in my partners name)
and me and my partner have a house with £10,000 equity in it.

Initially it was all agreed that they would split houses/finances 50/50. Now she wants to go to court. She won't say what she is after. There are no children involved. Can she get more than 50/50 and can she claim the equity on mine and my partners home ( its in his name) or force us to sell our home. I have two children aged 14 and 17.
Please help

  • LittleMrMike
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10 Mar 08 #16400 by LittleMrMike
Reply from LittleMrMike
Well, she can claim, of course, but claiming is one thing and getting it is another.

On the face of it, if the divorcing spouses own two houses, the obvious thing to do is that she gets one and he gets the other.

Could she be after spousal maintenance perhaps ? Or a share in his pension if he has one ?

The trouble is, it's all too easy to read press reports of the recent high profile cases and get a bit too carried away and think that divorce is a honeypot. After a long marriage like this an overall 50/50 split is highly probable unless she has special needs.

I wouldn't worry about your partner's interest in his present house. His share would be taken into account as part of the split but I can't see you being ordered to leave, especially if there are children.

Mike 100468

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10 Mar 08 #16403 by nutter36
Reply from nutter36
Hi

Thanks for your reply. we think she is after his pension as well but thats not a problem. My partner wants 50/50 and is being amicable. She is the one whos isn't being amicable.

I have heard so many cases where the woman gets more than 50/50 which is unfair as there are no children involved.

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10 Mar 08 #16414 by LittleMrMike
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Every case is different. The reason why wives often get a share of the equity which is larger than 50% is that they need more than half the equity to buy a new house, when their husband already has secure accommodation. In this case there is sufficient to get her a home, so that won't apply.

After a long marriage, the rule is 50/50 unless here are compelling reasons to depart from equality.

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