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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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splitting of assets

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11 Jul 12 #342522 by Binned
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11 Jul 12 #342573 by maisymoos
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Hi Binned

This is about need, you cannot afford a mortgage and your earning capacity would appear limited due to health issues. Your ex has a longer working life ahead of him due to your ages.

If you were to get £125k this equates to 73% of equity. There is a large difference in incomes so spousal support may be payable. What you need to bear in mind is that where spouses receive a bigger share of assets this may reduce the likelihood of Spousal Maintenance being paid.

Your husband is paying mortgage and money for bills currently so this indicates SM is affordable.

A Clean Break and being mortgage free may be a more attractive option.

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11 Jul 12 #342576 by Binned
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Thanks for your reply maisymoos. I have put this to my stbx but he will not speak to me,i havent seen him since he left. He seems to think that now he has someone elkse (even though he cant admit it to me out of shame) i am no longer his problem. He is not thinking rationally. I cant get him to understand that i have a life to live too,and through no fault of my own im left helpless.
Its nice to know that someone thinks on the same lines as i do, thanks again.

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11 Jul 12 #342581 by Action
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Big hugs

I agree with Maisymoos''s thoughts on this and am sure that your ages, earning potential and health would be taken into account.

I am afraid that you are not alone in experiencing this behaviour from your ex. He will be only thinking of himself. If he is co-habiting with OW then that will go in your favour too. Have you suggested mediation to him?

My husband carried on paying into joint account for about a year and then suddenly withdrew money from it, closed it and left me to pay everything. I am self-employed and my business was suffering due to depression from the shock of everything. It very nearly pushed me over the edge and I was close to taking an overdose as I just couldn''t see a way through it. It''s a horrible place to be and I hope you can get to sort things out soon.

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11 Jul 12 #342590 by Binned
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I am so sorry to hear of your situation and hope you are feeling better to cope now.
The feeling of betrayal is unbelievable when youve been a good and loyal wife.
Sending you a big hug too , thanks for your reply.

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11 Jul 12 #342616 by maisymoos
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Binned wrote:

Thanks for your reply maisymoos. I have put this to my stbx but he will not speak to me,i havent seen him since he left. He seems to think that now he has someone elkse (even though he cant admit it to me out of shame) i am no longer his problem. He is not thinking rationally. I cant get him to understand that i have a life to live too,and through no fault of my own im left helpless.
Its nice to know that someone thinks on the same lines as i do, thanks again.


He doesn''t reply because he can''t think of a way out. Basic cowardice. As long as he continues to pay mortgage and bills I would say do nothing, but if he stops don''t waste time, get form A filed at court it at least sets a timetable to getting financials sorted. Are divorce proceedings underway?

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11 Jul 12 #342627 by mumof5
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Binned

You say you cant claim benefits for your illness, have you thought of applying for dla? The only reason im asking is i have arthritis and did not think i would be able to claim but i was wrong, I applied with help from my local council office who have in place a team whose job it is to help with forms and i was succesful in getting dla

Telephone the dwp and ask for a dla form then go see the cab or your local council and they can help. You have nothing to loose.

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