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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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  • MmBr
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22 Jun 12 #338357 by MmBr
Topic started by MmBr

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22 Jun 12 #338413 by Action
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I think the business interest part will depend on whether you are/were a share holder. I was Company Secretary to my ex husband''s business, but not a share holder, so he could do whatever he wanted with the company. Do you have a memorandum of articles of association? This should give details of how business decisions are to be made and documented. Is the Company worth anything as it stands?

Do you have evidence of the money that you invested in renovating the property. It''s true that in a short marriage you take out what you put in, but if he is removing your ability to earn a living by closing the Company that seems rather unfair.

I''m not a legal or financial expert by the way - just sharing my own experiences.

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22 Jun 12 #338414 by cookie2
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No I do not think you will leave with nothing. It is true that in a short childless marriage you both leave with what you came in with. But there are several other factors here:

1) During your marriage, you have contributed considerably. If he wants to reap the rewards of your contributions then certainly you should get some or all of those back.

2) Presumably the new house is in joint names? If he wants sole ownership then he will need either your co-operation or a court order. It would be cheaper for him to give you some "go away money" then to go through court.

3) Your ability to work has deteriorated during the marriage and therefore he might be expected to pay spousal maintenance. Due to the short length of the marriage this might not be much, but it is better than nothing and a bargaining chip for you. He might prefer to pay a lump sum to "buy off" your SM claim.

He cannot simply accept your contributions then put you out like a cat!!!

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23 Jun 12 #338522 by MmBr
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