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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.

what am i entitled to?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
16 Oct 12 #361287 by dukey
Reply from dukey
There are only two ways of dealing with this.

By consent, you both agree maybe with the help of a mediator, this is the easy route to take, and not expensive.

Court, the process is formal and lengthy and if using lawyers can be very expensive indeed, if no agreement can be made even with a judge to help you end up at a final hearing where a judge will decide what is to happen, often the final decision leaves both unhappy.

If this does end in court the judge will want to know where the child will live, your ex`s housing need is met, the only way judges order marital homes sold is if there is no other choice, there would need to be a financial advantage in doing so, if you can`t buy cheaper and can afford to stay there is a strong chance you will be able to live in the marital home until to child grows up, other exceptions would include death or your re-marriage, some orders also include a clause that says if you live with another man in FMH for more than six months it would have to be sold, a less common clause is if you leave the property unattended for a certain time.

  • Mermaid2
  • Mermaid2's Avatar Posted by
  • Junior Member
  • Junior Member
16 Oct 12 #361321 by Mermaid2
Reply from Mermaid2
Neither of us have any intention or are in the financial position to afford the court/solicitor route.
mediation sounds ideal however i still do not know what I am entitled to therefore will mediation be able to advise or are they just impartial bystanders that help a conversation take place?
If i stay in the marital home until the child reaches 18, then what would be the equity split - would it be 50/50?
Also, would a divorce stipulate the ammount of child maintenance to be paid?
What would the situation be regarding the pension?
Does it make any difference that he decided to leave the marriage or does the fact that we both agree to divorce negate anything like that?

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