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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.


Advice on splitting of assets

  • Rob Anthony
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16 Aug 12 #349860 by Rob Anthony
Topic started by Rob Anthony
Hello,

I''m grateful for any advice on the splitting up of my marriage''s assets. My wife had an affair and left me in April. I''m living in our flat. She is not living with him, but I''m not sure if she is still in a relationship with him. I''ve told her that I''m proceeding with a divorce. We''re trying to do this amicably, and she''s said on numerous occasions that she will do what she can to ensure I keep our flat. But I''m worried she may change her mind, so I''d like to get an idea of what I should expect or what would be deemed a fair settlement.

Kind regards and many thanks.

  • Divorce_Lawyer_UK
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16 Aug 12 #349864 by Divorce_Lawyer_UK
Reply from Divorce_Lawyer_UK
Hi,

Sorry to hear about your position. In a case where there are no children, the courts will always start at an equal division of assets. Although your marriage is relatively short, your cohabitation beforehand will be considered as an extension to the marriage.

Contributions to the marriage are only of relative substance in short marriages and this would not be classed as such.

What this would mean is that you would look at the overall asset pot and seek to divide it equally value wise.

I cannot be more specific in this arena, but if I can be of more assistance please shout/message me.

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16 Aug 12 #349879 by Rob Anthony
Reply from Rob Anthony
Thank you.

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16 Aug 12 #349883 by maisymoos
Reply from maisymoos
If there are no children and the marriage is short that is not necessarily the case. In some cases it is considered that what you bought in you take out. Your relationship was a total of 7.5 years this is on the border line in length.

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16 Aug 12 #349886 by Divorce_Lawyer_UK
Reply from Divorce_Lawyer_UK
Hi,

Given your ages, the length of the marriage and the fact there are no children it is unlikely. The Needs is the consideration - your housing needs are equal it is how they are afforded that determines whether there should be any income sharing.

You make a correct assumption in your final paragraph.

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16 Aug 12 #349891 by Rob Anthony
Reply from Rob Anthony
Thank you for your reply.

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16 Aug 12 #349893 by cookie2
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You are the financially weaker party. That gives you certain advantages when it comes to negotiations. Maybe a judge would give a 50/50 split since it is a moderate length marriage and you can both fulfill your needs from your own incomes. But the important question would be, how much is she willing to pay you in "go away money" to avoid a court case? She earns a huge amount so it is quite conceivable that you could ask for 60 or 70% of the assets in return for just disappearing from her life.

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