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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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what am I entitled to

  • pavs2012
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11 Oct 12 #360402 by pavs2012
Topic started by pavs2012
I have been divorced since December 11.
We were married for 14 years, before we slpit up. She now lives with her mother in warwick with our two kids, and is gonna stay there. I live in Birmingham with my parents, and have recently re-married and have a baby due. We have two properties, one is joint valued at approx £170000, mortgage is £130000, 2nd property is on my name, valued at approx £125000, mortgage £100000. Both are currently on rent. I don''t have a pension or alot of savings. I see the kids fortnightly as they spend alternative weekends with us. What would i be entitled to. I have have also thought about selling the property I own. She only works part time and wants me sell both properties, but I want to keep one so I can live in it. She has applied ancillery relief.

  • maisymoos
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11 Oct 12 #360406 by maisymoos
Reply from maisymoos
Hopefully someone will else will confirm this soon, but as you have remarried I do not think you can apply for Ancillary Relief.

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11 Oct 12 #360409 by pavs2012
Reply from pavs2012
Sorry, she has applied for that, I just want to know about what i''m entitled to. The banks won''t transfer any of the houses to her as she doesn''t earn enough.

  • NoWhereToTurnl
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11 Oct 12 #360412 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi pav,

The implications for you of re-marriage :

1. Any spousal maintenance in your favour ends immediately.
2. If, by the time of the re-marriage, you have not made a claim against your wife for Ancillary Relief, you cannot make any further claims after the marriage.
3. Re-marriage does not prevent your ex wife making any claims against you.
4. The Court cannot redistribute the income or assets of a third party and therefore she has no claim against your partner.
5. The fact that you have a partner who is supporting you makes your claim for Ancillary Relief weaker than it might otherwise be.

If you have already made a claim for ancillary relief, and then re-marry, the claim can be considered. The law only prevents you from making claims after remarriage.

Hope that makes it clearer.
Best wishes,

NWTT.

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11 Oct 12 #360413 by dukey
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How old are you and her

How old are the kids

What do earn earn, what does she

Does she have a pension

What are the outstanding mortgages

Any other debt

Are you all in good health

Bar the two propertys do you have any other assets

How long have you lived apart

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11 Oct 12 #360414 by maisymoos
Reply from maisymoos
Hi again

Ok for anyone to help more info would be needed.


How old are you both?
How old are the children?
Did you cohabit before you married?
The asset pot appears to be equity of £65K ? Are there any other assets, e.g savings shares?
Are there any marital debts
What are your respective incomes including benefits
What are your respective pensions

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11 Oct 12 #360446 by pavs2012
Reply from pavs2012
im 39, she is 36.
Kids are 13 and 10.
i#m on a short term contract at 1200 p/m
She earns £600 p/m
No pensions for me, she might have one from her work
My Credit card dept approx £10000
Outstanding mortages are £130k and £100k
No other assets, both in good health.
lived apart for 2 years

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