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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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Homeless after divorce and no financial settlement

  • babaloo_123
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15 Jun 12 #336813 by babaloo_123
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Our divorce was made Absolute in August but no financial settlement/ancillary relief has been agreed.I stipulated in the beginning that application for Decree Absolute only to be applied for once finances were sorted. However, ex applied for absolute without my knowledge and solicitor omitted to send me correspondence regarding this.I only got to know about dissolve after I received final papers from the court.mediation has also broken down due to ex not accepting my proposal which my solicitor agreed was fair. I have 2 children(not his)and my ex has now stopped paying our rented home which was in both our names.He has handed in his notice to the landlord and had his name removed from the lease agreement.I can hardly afford to pay all the household bills, let alone the rent as well and now just about homeless. He bought a property in his name only from funds he received from his previous marital home.He''s done all this to bring me to my knees and accept his offer. I do not qualify for legal aid and cannot afford a solicitor anymore. What am I to do?

  • LittleMrMike
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15 Jun 12 #336829 by LittleMrMike
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Firstly, what you must do, and as soon as possible, is to review your entitlement to benefits. It is very difficult to get benefits backdated and therefore prompt action is called for.

I am thinking particularly of tax credits and housing benefit/council tax benefit, but perhaps also child benefit and tax credits.

Second, are you getting any child support from the father of your children ?

Thirdly, what stage are you at with regard to your financial claims ? You can self represent and there is a lot of help on this site. I have in mind that you have got as far as you have with the assistance of a aolicitor. So where are you now ?

Fourthly, it may be worth considering a claim for maintenance pending suit.

Fifthly, you may have a debt problem which needs to be addressed sooner or later.

These are my first thoughts and I await your comments.

LMM

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15 Jun 12 #336878 by babaloo_123
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Hi LMM, I am only entitled to child and working tax credits. No housing benefit and a very small percentage off my council tax. The reason for this is that I own a property abroad (in my name) which was my family home before I got married. It has a mortgage (equity +- £22,000.00)and I''m due to be renting it out again. Was empty for a short while and I cannot afford the repayments. I joined my ex in the UK when he returned to his old job 5 years ago. Children and I started a new life here with him and they are both in full time education. Now very settled after not wanting to leave our "home" country 5 years ago.
I do not receive any child support as my ex took full responsibilty for the upbringing of my girls in the UK. He signed all the immigration papers to provide us with housing and financial support.Unfortunately he reckons marriage has broken down but I have a suspision there might be someone else. I might also just add; maybe not so relevant right now; I am convinced he has narcisstic disorder. I''m not a psychologist but all the evidence and signs are there and now makes sense in what has transpired over the 5 years.
My next stage on financial matters is having to apply to the court and represent myself. I''m not sure if this would benefit me in anyway as he has a solicitor and has all the funds. They will probably thrash me in court if I don''t have legal representation.
My debts are escalating due to a personal loan and credit card to keep me afloat and provide for my children and run a car for work. I am getting so depressed about the way our lives have turned out and sometimes cannot believe how I could trust someone and believe all the promises he made in a having a better life in the UK.

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15 Jun 12 #336997 by sim5355
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hi! welcome if he is narcissistic then that would make sense as you have been torn away from family and friends they like to isolate.Do you work partime or fulltime as you may be able to get legal aid.

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16 Jun 12 #337013 by babaloo_123
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Work 30 hrs a week. Public fundng was rejected due to ex not making a claim on my property which I owned before I got married to him anyway. I think my solicitot has messed up my application and on the information submitted to legal services commission, I''m apparently out of scope on capital. Don''t understand as he now don''t pay our rent anymore, so how are we suppose to live.

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16 Jun 12 #337040 by LittleMrMike
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Babaloo, I am sorry if I am forced to tell you the situation as it is, knowing that it may sound perhaps a little harsh and unsympathetic.
You say you have a house abroad, with an equity of 22K, which is not your residence. Almost certainly, the fact that you have this house will prevent you from getting legal aid. It will almost certainly disqualify you from getting means tested benefits in this country, and in particular the two benefits that could be most relevant ; namely income support and housing/council tax benefit. As to the latter you may get a single persons discount.
What you do with the house is up to you. You could rent it, which will produce some income, I do not know what. Or you could sell. That choice is yours and all I can do is to try and make you aware of the implications.
Now my own view is that you should not be scared of self representing. There is quite a lot of help on this site - Lord knows, it''s common enough these days, what with legal fees being what they are and legal aid entitlement cuts.
What you need to do ( I think ) is, to disclose your finances fully and accurately, support your claim with receipts and proper documentary evidence ( very important in my opinion ) and let the figures do the talking for you.
I once read a letter from a District Judge which made my blood boil, I don''t deny it. The law relating to matrimonial finance is complicated ( as it is , but a judge should know the law even if a claimant does not ) and he said you owe it to yourself to get the best legal representation. Did this man live on another planet or something ? Does he understand that the costs are such that most ordinary people can''t afford them ?
If I were a judge, which thankfully I''m not, I would regard my task as being, firstly, to ascertain the full financial position of the litigants before me, and secondly to apply the law without fear or favour, without discrimination. It''s not a contest between advocates in which the better advocate wins.
Anyway, end of rant. There is a lot of material on this site, so do research it and see what there is. There are useful articles designed with self reppers in mind. So don''t despair, the help is there.
LMM

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17 Jun 12 #337143 by babaloo_123
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Hi LMM..you do not sound harsh or unsympathetic at all! On the contrary, you''ve been extremely helpful.

I fully understand that it would be unfair of me to want to claim benefits in this country if I have a house abroad (home country).To cut a long story short, the situation is such; my previous tenants left the property with so much damage,I need to have repairs done to it to rent it out again. I am a bit reluctant to sell right now, not knowing if I will have to return after financial matters have been settled or continue living here and let my daughter at least finish her education. The uncertainty is killing me at the moment.

As my solicitor is now not interested in my case anymore(have to mention...this has been dragging on for 2 years and back then she was able to get public funding for me up until divorce was made absolute), where do I start in issuing proceedings, how much will it all cost and what is the time scale? I have been paying my solicitors after she "discovered" I did not qualify for legal aid anymore but unfortunately my funds have all dried up now and she knows this.

Coming back to the joint lease agreement; was my ex in his legal rights by handing in his notice even though we were still living in the property and I did not agree or sign a new agreement? Him continuing paying the rent was disclosed in the form E and as you know, we still have not come to any financial agreement.

Thank you all for your input and support.

Kind regards
Babaloo

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