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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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About to receive Decree Nisi. What now?

  • LondonGirl1970
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17 Apr 12 #324397 by LondonGirl1970
Topic started by LondonGirl1970
This is the first time I have posted to the forum. I hope that I am posting in the right place. Without going into too much depressing detail, the basics of my situation are as follows:

1. I do not have a solicitor - I make slightly (very slightly) too much to qualify for legal aid.

2. This week I expect to receive the Decree Nisi.

3. I have a 6 year old daughter who lives with my ex-husband. Because he has a stable home and job, I think that is best.

4. I literally have a few hundred pounds in the bank and one asset - an old car worth 4,000 pounds. My husband probably has upwards of 50,000 pounds in the bank and has paid off a home that is worth maybe 150,000 pounds.

5. We were married for 8 years.

6. I have no idea what step I next need to take in order to successfully win some kind of financial settlement. I am very much hoping that someone here can point me in the right direction. What forms need to be filled out? How important is it to have a solicitor? Is there any way to estimate how much of a settlement I might be entitled to?

Thank you in advance for any advice. After 8 years of marriage and one child, I am sitting here with next to nothing. I do not hold any ill will against my ex husband, but do feel that I deserve a certain percentage of the earnings that he acquired whilst we were married. He has told me very clearly that I will never get more than 5,000 pounds from him. I don''t know what he is basing that on, but obviously that is hardly enough to start a new life.

  • Hamilton1
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17 Apr 12 #324464 by Hamilton1
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Dear LondonGirl,

If you wish to move forward to the financial settlement part you should file a ''Form A'' with the Court. The Court Fees are set out here hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex50_e.pdf

When filling out the Form A I would tick all the boxes.

The Court will then send you a set of Directions at which point it may be best if you come back to the site for guidance.

You have a medium term marriage and so the starting point would be for a 50/50 split with the Court hearing arguments as to why this should be varied from. Without knowing more it is very difficult to say what you should walk away with but it most definately will be more that £5,000.00 so that you can rehouse yourself properly. As your husband has your daugher for the most part this will be considered in the settlement.

I think for you having a solicitor would help as it does sound like you have quite a battle on your hands but this does not mean that you cant go it alone either. Perhaps you should file the Form A and see whether he is then more willing to sit down and come to a more reasonable settlement?

H

  • LondonGirl1970
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18 Apr 12 #324808 by LondonGirl1970
Reply from LondonGirl1970
Hi H,

Thank you for stopping by. May I ask you when I can apply for financial order? and how long would it take until I will hear from the court appointment? Also what will it be like going to have the first appointment?

We decided to separate around June last year and my daughter lives with him. I left the house and have been struggle with money and where to live for sometimes (my family lives overseas) but now I have a full time but I don''t earn that much and still struggle. My ex-husband is 41 and I am 35. He has his own business and always works. I only worked part time-a few hours a week during the marriage because I had to look after our daughter. He assure me that I will not get anything out of him.

Honestly, I don''t want him to sell the house and share the money with me, we never had a joint mortgage, or any accounts together. Everything is in his name. I totally understand that he needs to look after our daughter and I would like everything best for her. I don''t want to force him for a lot of money that he has to sell the house or anything like that. I only want that he can give me some lum sump for me to settle myself to get my own place at least. I don''t really want to go through court, and I can''t afford a solicitor. Is the mediation a good idea? Can the judge make an order for this if my ex husband doesn''t agree to attend? Or if he agrees, then can we do this while we are waiting for our first appointment with the judge?

Is there a chance that I can get at least £25000 from what he''s got? If I don''t want him to sell the house, what options that he has to pay me lum sump?

Thank you again.

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