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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


"Needs" case worked example

  • maggie
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02 Apr 12 #321251 by maggie
Topic started by maggie
Some insight into how they do it for ordinary mortals?

www.familylawweek.co.uk/site.aspx?i=ed90712

"Since separation, W remained with the children in the FMH and H had been renting.

At first instance, the District Judge ordered:

W to remain in the FMH for 2 years to give her time to adjust, whereupon the property would be sold.
On sale, the proceeds would be divided 70% (£151,835) to W and 30% (£65,072) to H (out of which H would have to pay his debts).
H to pay W £500 p.c.m. periodical payments without a s.28(1)(a) bar on extension.
H appealed. Moor J agreed that the judgment at first instance could be accurately criticised in 3 ways: it did not sufficiently reason the very significant departure from equality; in so far as there is a "needs" justification for departure it did not explain how the resulting capital order would fairly meet the needs of both parties; and it did not adequately explain the interplay between the periodical payments order and the capital order."

  • survive
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02 Apr 12 #321291 by survive
Reply from survive
so what was the eventual outcome?

Survive

  • MrsMathsisfun
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02 Apr 12 #321303 by MrsMathsisfun
Reply from MrsMathsisfun
From what the article states it looks like the 70/30 split remained but the house had to be sold immediately and once sold the husband would no longer be liable for sm.

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