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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.


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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.


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06 Jul 12 #341571 by blonde cazza
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yes my inheritence paid for this house.
He had 1350 from equity from the marital home and has gone on to purchase another with a mortgage.
EX 43
SALARY 36k a year
Pension 50k
Debts as i know 17k
house worth 128 which has a mortgage on it.

ME 40
SALARY 6k plus tax credits and child maintenance
Debts 11k
house owned outright

Marriage 17 years
2 children 1 19years 1 13years

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06 Jul 12 #341576 by Reddit
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Cazza,
from this and all the stuff you have posted before, I''d hazard that this case is suitable for a Clean Break with the assets each party has staying in place and you to get CSA for your youngest. I recall you were seeking SM as well. Frankly on the figures you''ve just given, I don''t think you would get it. You can''t really exclude the assets gained by inheritance, but I think you have a good case to keep them and that''s about it.

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06 Jul 12 #341578 by MrsMathsisfun
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When did you recieve the inheritance? was it recently? Was the inheritance tied up in a trust or was the deed of trust on the FMH.

If the deed of trust was on the FMH then I am sorry but I think your ex solicitor is correct and your ex will have a claim on your current property.

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06 Jul 12 #341582 by blonde cazza
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Yes my solicitor said he thinks i had a good case for it.I dont want his money because we both have to live and indeed its hard going.I would like to hae this tied up though because all along hes treatened to make a claim on the inheritence but what im unsure on is if he keeps making all these threats then why hasnt he issued form a and why doesnt he voluntary exchange form E?.
On my original pos you will see that we had a joint loan with 3k outstanding his solicitor said to give them a cheque for half...i was cauious about this and now i find out hes paying this at 50 pounds a month which means he didnt have the money to pay for it.
Im unsure if this counts for anything but when we sold our last house he phoned solicitor and requested that half the equity go into his account which was 36k which he spent which is why i had a deed of trust drawn up on my inheritnce that purchased our last house.

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06 Jul 12 #341584 by Reddit
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Cazza, you can end this by filing for Ancillary Relief yourself.

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06 Jul 12 #341586 by MrsMathsisfun
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I thought a deed of trust on a property was similar to a prenup agreement. It shows an intention but isnt necessary legally binding.

How much of the martial assest have you recieved and how much your ex?

You haven''t said when you received the inheritance. An inheritance received during a marriage will only be ringfenced if there is enough assets.

If your ex received about 40% of the martial assets then possible a clean break could be achieved and he wouldnt have a claim on your new property. However if you received a 100k and him 1k think a court would expect the split to be fairer and might take your inheritance into consideration.

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06 Jul 12 #341591 by blonde cazza
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The deed of trust is similar to a pre nup.I had it done as my ex had rang the solicitor and instructed them to pay half the equity to be paid into his account from a previous property.
I received the inheritence 7 years ago.
I took 168,000 from the property,he had 1,350.The market last year wasnt very good.
I just dont understand if he keeps threatening to go for it then why hasnt he.
He did have shares in the company he works for but he denies having them.

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