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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.


what are the chances?

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23 Mar 12 #319707 by Survived
Topic started by Survived
Hi, :S

Any advice would be gratefully appreciated.
Just finished mediation, but without resolution.

STBX has a good pension (from previous employer) which he can start to receive in a year''s time. He is also entitled to a very nice lump sum next year and intends to continue working. My pension is less than a quarter of his and I wont get this for 15 years.

The house is in joint names and has equity as well as an outstanding mortgage. Ex is currently in FH.


His proposal - 50/50 on equity in property, 50/50 his pension lump sum,
no further pension sharing.

My proposal - I keep equity in property and take over mortgage, he keeps lump sum and pension etc.

Equity + my pension(CETV) = 272k
His pension (CETV) = 418k

As we cannot agree I have instructed my Solicitor to negotiate with his but think this may end up being taken to court.

From the above anyone think I have a hope in hell of getting the FH? Its in a very poor state of repair and I will have to spend £££ on getting it into shape but am willing to do this to provide a home for the kids.:blink:

  • maisymoos
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23 Mar 12 #319713 by maisymoos
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A little bit more information is needed what are your ages, how many children and their ages who do they live with, what are your respective incomes including benefits.

How long was marriage including cohabitation.

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23 Mar 12 #319722 by Survived
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he 59, me 49. twins 18 with me, 16 & 20 yr old with him. much the same income £20k pa. no benefits other than wtc & cb. marriage incl cohab 21yrs.
thanks

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23 Mar 12 #319731 by MrsMathsisfun
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How much is the equity?

Are both pensions the same type e.g money purchase or final salary.

When it comes to the pension, you have to accept that he is 10 years older and close to retirement whereas you have another 10 year + to catch up on his pension. I dont think you can expect a 50/50 split on pensions for this reason.

Are the 18yrs old and 20yr old children still at school/uni.

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23 Mar 12 #319736 by Survived
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I think the pensions are same, final salary.
The 18yr olds are off to Uni in Sept and the 20 yr old is on jobseekeers. equity is 190k.

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23 Mar 12 #319737 by MrsMathsisfun
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How many years outside the marriage was your husband contributing to his pension?

As he is 10 years older. I think you need to take off approx 10 years of your husband contributions and then see what the difference is.

So the eldest wont be include in the housing needs for your husband whereas you could argue the 18''s need a base for the next few years so that your housing need is a 3 bed.

How much equity is there in the house?

How much is your pension worth?

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23 Mar 12 #319738 by Survived
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I guess he was in the pension scheme approx 10 yrs before we got together.
equity is 190k my pension CETV is 82k.

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