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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.


Do you need help sorting out a fair financial settlement?

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.


New Partners assets.

  • I Harris
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13 Jul 12 #343036 by I Harris
Topic started by I Harris
Husband left marriage after 23 years for another women whom he has been living with for 3 years. No children in that relationship whereas I have son soon to enter uni. Other woman has own home (paid for), job and can expect pension.
I don''t want any of her assets, but would like to know they will be taken into account during the Ancillary Relief. Husband seems to be demanding nothing less (and almost certainly more) than 50%. Yet I have had to maintain the house for the last three years and my son. He and other woman will have between them two jobs, two pensions and a fully paid for house. Whereas I will have only one pension, one job and one (half a) house not yet paid for. Help appreciated as to the position regarding her assets. Many thanks in advance.

  • Lostboy67
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13 Jul 12 #343041 by Lostboy67
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Her assets are exactly that, her assets. However since your ex is co-habiting it would be assumed that some of his housing costs etc are being met by his new partner.

LB

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13 Jul 12 #343053 by I Harris
Reply from I Harris
Thanks for your quick reply. Yes, he has admitted that he is paying some costs of her house. Will this make a difference and will her assets be taken into account. I will have my son to help finance through uni. Husband will not help.

  • jerseygirl100
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13 Jul 12 #343059 by jerseygirl100
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As lostboy mentioned, her assets are exactly that and will not be taken into account, nor should they. Your husband will have his own living costs where ever he lives, it just happens to be in her house. I think you will find that any education post A levels does not have to be funded by him, unless of course you can get him to agree

Good luck

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14 Jul 12 #343071 by I Harris
Reply from I Harris
How disappointing to know that Ancillary Relief has become so unfair. He walked out after 23 years leaving debts which I have had to pay off. Has paid very little towards son, mortgage and nothing towards house repairs etc., can live the high life with two wages and look forward to a good retirement with two pensions and a fully paid up house, while I still have to struggle to fund son through uni, and keep a roof over my and son''s head paying a mortgage. How come things have become so unfair that those who lie and cheat get all the goods?

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14 Jul 12 #343075 by Ekaterine
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I Harris, get a good solicitor and barrister (if you get to court)I was in almost exactly the same position as you (25 years, OW with no kids, mine about to go to Uni, me maintaining house no support from ex for 2 years) He lied tha he was living with OW so that was not relevant to proceedings.My barrister managed to get sum for non-contribution added to settlement and all funds and equity were divided in my favour to take into account his higher salary and higher pension. Also due to high salary he had to contribute to uni fees and support. All decent parents do that so decent judges expect that. My ex didn''t want to pay uni support but he didn''t want his solicitor knowing he was so mean so agreed to pay!

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14 Jul 12 #343076 by kings road
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I can only agree it''s unfair. Ex of 28 years walked out and after initially making some contributions to sons education then stopped leaving me to support two older teenagers whilst he lived life of luxury with new partner and hiding money abroad and failing to disclose all his assets hidden abroad. He basically cheated and lied to the courts and got away with it and ended up with more than half our assets. It''s too complicated to explain all here, some of my earlier posts explain the picture, but I agree after going through a final hearing it seems Ancillary Relief is little beter than a cheats charter. I have my integrity intact, pride that I supported my son through his degree but a huge resentment that my honesty was ignored and ex was rewarded for his underhand behaviour and ignoring court orders. I naively believed that the courts delivered justice but am at a loss to explain how this is just. I wish you well and understand how you feel. I did not expect other womans assets to be taken into account, why should they but was horrified when our judgment ignored substantial sums of money my ex had given to her whilst refusing to spport his children! Good luck.

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