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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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ADVICE NEEDED PLEASE.. CHARLES/FIONA ARE YOU THERE

  • mbird
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10 Jul 12 #342368 by mbird
Topic started by mbird
Hi there, I really would appreciate someones experienced opinion on this please.My partner is going through a very acrimonious divorce and we are at the FDA bit,actually we should have been there over a month ago but she didn''t hand over form E till 3 days before so FDA was adjourned. Incidentally we still don''t have her bank statements, they have been repeatedly requested. They also were the ones who filed the form A in the first place. Directions were given and in the mean time we have made the following offer: she gets the house, contents, car, all the equity and CSA payments, and my partner gets to keep his pension.

They are W 37 H 35
2 children 5 and 10 and she has older child from previous relationship.
She threw him out 2 years ago at which point they had been together 8 years.

She always worked part time, and up until the last 3 months due to all benefits etc was financially better off by about £500 pm. She was refused legal aid and consequently has now given up work (6 weeks before FDA???) and claiming income support, thus making her ellgible for legal aid and showing a disparity in income.

Our solicitor has sent this offer but they have refused, stating that she also wants HALF of his pension too!!! She didn''t mention the shirt off his back!

The problem is that he is in the police force and so they are now asking for an actury report, we just can''t afford it as our legal bill so far is over £9000. Also don''t see the point being as the offer we have made is more than reasonable. The equity is about £45,000.

Please could someone tell me, is this a good offer? What will a judge think? Also re outstanding bank statements etc will judge take dim view? Also she has moved some money being paid into her account into someone elses account and claims it''s not hers anymore.

Someone mentioned deprivation of income??
I just wish the LSC would take away this blank cheque as I feel if she were self funding she would accept this generous offer. Her solicitor has already told us that she intends to go back to work.

We just want this greedy woman to let us get on and our legal bill to come to an end, and considering the small assets to not have to escalate to an FDR it''s heartbreaking and so draining.:(

  • maisymoos
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10 Jul 12 #342371 by maisymoos
Reply from maisymoos
On the information you have given it''s hard to advise. What sort of property will she be able to get with £45k? Her mortgage raising capabilities are nil. Giving up a job may not have been a good move, were there good financial reasons for her doing so? What did she earn? What does her stbx earn? Pensions particularly final salary can be a very valuable asset although not cash. Are there any other assets/savings etc.

She needs to house the children this will be priority.

A judge will take a dim view of diversion of money if proved.

  • Fiona
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10 Jul 12 #342376 by Fiona
Reply from Fiona
Grr.. typed out a long post and lost it.

The wife will will be required to maximise her earning potential and if she was working until recently it isn''t unreasonable to expect her to return to work, perhaps increase her hours and claim Working Families Tax Credit.

Pensions are seen in light of the overall circumstances. The CETV undervalues police pensions significantly and an actuarial report is required to establish the true value. Only when the value of all the assets is known can anyone determine what is fair sharing i.e. complies with the law.

  • mbird
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10 Jul 12 #342378 by mbird
Reply from mbird
she will stay in the house, with the equity, he wont have anything, just keep pension. She said she gave up work because of ''childcare problems'' this is rubbish.

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10 Jul 12 #342380 by mbird
Reply from mbird
she used to receive about 2500 and has purposely given up work as her lsc claim was turned down for the non molestation case we had to take out against her for assault etc. My partner earns about 2000.
she used to get wtc, chb and Csa alone was1800 of that

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10 Jul 12 #342382 by mbird
Reply from mbird
sorry that should have read was 1800 of the 2500 was from wtc chb csa etc...

  • Fiona
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10 Jul 12 #342384 by Fiona
Reply from Fiona
The pension could be worth significantly more than 50% of the matrimonial assets although the wife won''t necessarily get 50% of the pension on top of all the equity etc.

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