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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.

financial settlement /ancillary relief

  • insane
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08 May 12 #329093 by insane
Topic started by insane
my ex and i split up in nov 2008 Decree Absolute february 2011 finances still not decided scheduled for court july for the first hearing
my questions
1. what will the judge be looking at i.e when we split or circumstances now as both of my children are now 18+20 with no financial support from ex in last 3.5 years.
2.ex now unemployed so standard of living before seperation very differewnt to now
3.ex now renting a room was previously living with new partner but that has broken down
4.disability i have had life changing injury in last 12 months that will affect my earnings in the future
5.pension valuation is he entitled after Decree Absolute
6.property as i have paid all bills on it in last 3.5 yrs will that be taken into account with financial settlement
many thanks for any replies having now tried to settle this for 3.5 years i dont know if im coming or going:(

  • TBagpuss
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08 May 12 #329120 by TBagpuss
Reply from TBagpuss
Generally, the court will look at the situation as it is now, but can take into account the length of time you have been separated and the finacial events during that time - for instance, if you have reduced the amount of capital outstanding on the mortage that is potentially relevent - the fact that you''ve paid bills is much less so as you would have had to pay bills whereever you were living - that in itsenf does not benefit him (whereas reducing the mortgage does, as it increases the availabale equity)

The over riding aim is still to cme out with a split which is fair to both of you.

Your disability is relevent, as is his unemployment, as both relate to you ficnacial needs, and incomes and earning capacities.

  • insane
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08 May 12 #329147 by insane
Reply from insane
thank you for the advice. when i said bills i meant the mortgage as i have reduced the amount owed on it. i understand that i have my own household bills and would have no matter where i was living,his unemployment is due to violence at work and he has a history of this as he has now lost 4 jobs because of it that is why i wondered if it would be relevant as his chances of finding employment are slim due to work history. i have one child at university and the other about to begin university this yr however they were dependants at the time of seperation and he has not contributed to there upkeep financially either .. i did make an offer last yr which was accepted allowing me to get Decree Absolute but then he would not take his name of deeds at land registry this went on for 7 months resulting in me loosing remortgage offer and have since suffered injury and can no longer make that offer which is now resulting in this court hearing ex is getting legal aid if property is ordered to be sold will he have to pay legal costs as it appears to me i am now suffering added costs to go to court hearing through no fault of my own?

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