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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 would be likely outcome

  • Doc501
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02 May 12 #327862 by Doc501
Topic started by Doc501
Hi, I would be grateful of any advice on the following, including what sort of offer I should make, or if any offer should be made at all, And what sort of split I would be looking at.
Here is a quick summary, the marriage was a short childless marriage of three years and two month both H & W are 51 years old. Cohabitation was for 13 years prior to marriage, but with a break of one and a half years apart. My earnings were 80% higher than that of my wife''s and she did not work or bring in any income of the last two years of our marriage. She is admitting to adultery and lives with her partner in the same house. She has told me that she is on benefits and I understand that her partner is on disability.
Her solicitor says my wife does not want anything from the marital home apart from a few possessions. She does not want anything from my pension but does want me to pay her liabilities which was last quoted at £9,000? The marital home is in my sole name but I am aware of what could happen.
Financials
Husband, in employment £22,000 PA, 12 years in money purchase pension scheme which has a £40,000 death in service benefits. has half share of inherited house which is valued at £125,000 no mortgage left on it, marital home valued at £85,000 mortgage left to pay is £50,000, no savings > Husband''s Liabilities, mortgage £50,000 cc £5000 bank loan £13,000 other loans £9,000 all liabilities are being met and up to date.
Wife, not in employment but receives limited income, possibly from carers allowance but true income is not known. Soon to get share from inheritance of £100,000 on sale of property .no savings > wife''s Liabilities, cc £9,000 all her liabilities are accumulating as they are not getting paid and have not been paid for 6 month, she has hinted that she may go bankrupt.

  • jonathancj
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02 May 12 #327959 by jonathancj
Reply from jonathancj
Not straightforward. Have you seen a solicitor? I think you ought to.

  • Doc501
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04 May 12 #328401 by Doc501
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Hi Jonathancj
Thanks for your response, I cannot afford solicitors fees unlike my stbx who seems to have the luxury of legal aid behind her. Therefore would be doing all myself , however could you please enlighten me a little as to what would not be straight forward and what real difficulties I am likely to encounter along the way. From what ive worked out it seems to me her needs would be met as her and her partner are living together. I have been in touch with insolvency practitioners in case she does go bankrupt and they say they would not come after me or the anything to do with the marital home as it is in my sole name and she has not contributed to any value of the home.

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