A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


What settlement am i entitled to?

  • purple1
  • purple1's Avatar Posted by
  • Junior Member
  • Junior Member
More
15 May 12 #330684 by purple1
Topic started by purple1
Me and my stbx husband have just seperated and i would like some help in regards to what settlement i should be looking at. Here are some facts:-

We have been together for nearly 7 years married for 3 1/2 years. I am 36 he is 40. No Children. He has left the marital home and given me the key and has taken all of his belongings.

We have some joint savings and we both have an isa each. he also has 2 pensions. I have no pension.

I purchased the house before i met him and have always paid the mortgage and all house hold bills. The house is mortgaged.

I am employed and recive a good wage. He is Self employed and has a small business with a 4yr old van. His business is not doing that well.

When we got together he has put some money into the home for home improvements. But has never contributed to the mortgage etc.

I would really appriciate any advice

Thanks

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
15 May 12 #330686 by dukey
Reply from dukey
Are you both in good health?, do either of you have pensions, if so what type money purchase or final salary, how long before you married did you own the house?.

  • purple1
  • purple1's Avatar Posted by
  • Junior Member
  • Junior Member
More
15 May 12 #330688 by purple1
Reply from purple1
we are both in good health. My stbx has pensions i don''t. One is around worth £31,000 the other less but he has not paid into them since 2005. I purchased the house in June 2003 and we got married in Nov 2008.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
15 May 12 #330689 by dukey
Reply from dukey
Ok thank you

So what you have is a shortish and childless marriage, assuming there is no huge difference in income there will be little reason to move away from contribution, so he has contributed, but how much, and to what extent he should be compensated is a matter for you and he to decide.

If you have trouble deciding what would be fair think along the lines of what is it going to cost him to house, rent deposit ect, it may also be worth speaking to a mediator, if you can stay away from court, the cost can be eye watering, mediators are a good starting point.

  • purple1
  • purple1's Avatar Posted by
  • Junior Member
  • Junior Member
More
15 May 12 #330749 by purple1
Reply from purple1
So from the answer i presume he is not entiitled to any sort of claim on my house?. In regards to the savings and isa''s etc?? Where do we stand?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
15 May 12 #330750 by dukey
Reply from dukey
How much do you actually earn, what dies he earn? You both have the right to make a claim, that does not mean the claim would be sucsesfull, the chances are any claim made would be very limited, sometimes to avoid court it could be best to make a small offer to end the matter once and forall, if you do only hand over money once you have a Consent Order.

It may be worth spending an about with a solicitor who can take some fine detail and advise you further, or post more detail here.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11