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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.


Scared- can I really self rep???

  • mbird
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23 Aug 12 #351485 by mbird
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Thanks guys. How about cm, all the equity and transfer of house and 30% of pension and no actuary report? Thoughts please as I would like to send this offer tomorrow and put an end to this once and for all. Oh and no sm?

  • happyagain
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23 Aug 12 #351486 by happyagain
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Is that 30% of total or just for time married?
This seems generous, I would be telling her to snatch your hand off if I were her sol. Can she afford the mortgage on her own?

  • mbird
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23 Aug 12 #351492 by mbird
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30% of pension during marriage. She is currently on income support but if she went back to work she could.

  • minxy1912
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23 Aug 12 #351493 by minxy1912
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i need that putting in to english.lol... not as advanced as you.lol.x

  • mbird
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23 Aug 12 #351500 by mbird
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Sorry, but if she did accept this, how would I word offer and would I still need to pay for an actuarial report? Many thanks.

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23 Aug 12 #351502 by happyagain
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Just a suggestion - make an open offer. This means the judge can see this if it does go to court and can see that you have been very fair. You write ''open offer'' at the top of the letter. You may want to state though that if your ex does not accept the offer it will be withdrawn after a certain period as you will need to recoup costs if she pushes the matter further.
I would set this up in bullet points. So along the lines of ''Open offer - I would like to make Mrs X the Clean Break offer of:
1. the house is transferred into her name
2. she maintains all equity in the property providing she is able to release me from the mortgage
3. A pension share of 30% of the pension accrued during the 4 years we spent as a married couple
4. child maintenance paid in accordance with csa rates
5. No further claim from either party on pensions or policies
etc, etc.
The mention of ''Clean Break'' should alert the sol to the fact there is no sm on offer.
If she accepts this then, no, no need for a report on the pension.
I''m off on my hols tomorrow for a week but I''ll check in when I get back to see how you''re getting on. Good luck ;)

  • mbird
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23 Aug 12 #351503 by mbird
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I cannot thank you enough.... I hope you have an amazing holiday.

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