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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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Can assets acquired during separation be rescued?

  • ByeByeLove
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25 Mar 08 #17657 by ByeByeLove
Topic started by ByeByeLove
Under English law (not Scottish!), can assets that have been acquired or accummulated during an extended separation period (18 month) be considered as non-matrimonial and kept out of any settlement?

How about pension contribution made during separation?

Tricky, but maybe someone has come across this.

Thanks

  • DownButNotOut
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25 Mar 08 #17660 by DownButNotOut
Reply from DownButNotOut
ByeBye,

there may be exceptions, but, my understanding of the general position on this is that....

the marital assets are assessed as at the date of the court hearing (whether this is the FDR or the final hearing)

it is very common for there to be a significant gap between the separation and the hearing date. 18 mths is not at all unusual.

Same thing for pension contribution.

I think what i am saying is that you do not start being able to re-build up your own 'just for me' pot of assets/pension until AFTER you have agreed and got a Consent Order approved.

  • Fiona
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25 Mar 08 #17667 by Fiona
Reply from Fiona
It's open to interpretation but there is an argument that assets acquired or created by one party after separation might qualify as non-matrimonial property, if it could be said that the property was acquired by a party by virtue of his personal industry and not by use of an asset created during the marriage (Rossi v Rossi)

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