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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.


Claiming settlement on a needs basis

  • Lipstickandlollipops
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17 Mar 18 #500231 by Lipstickandlollipops
Topic started by Lipstickandlollipops
There is very little in the matrimonial pot but a substantial amount in inheritance (his family member and after seperation). I appreciate I'm not automatically entitled to any of this but I do have a need and that will be the basis for my claim.
My question is
I'm currently struggling on my full time income, therefore I don't have household and buildings insurance nor anything that one should have, but doesn't through lack of affordability.
When filling out form E for voluntary disclosure should things like that be added, although as I'm not currently paying it (and therefore have no evidence) should it be?

  • hadenoughnow
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18 Mar 18 #500241 by hadenoughnow
Reply from hadenoughnow
You should include that in needs and you could note it in the section about income needs changing.

If your ex has recourse to funds that could strengthen your case.

Hadenoughnow

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18 Mar 18 #500257 by Lipstickandlollipops
Reply from Lipstickandlollipops
Thank you, it makes sense now, it's things like that I need but haven't got.
Thanks again

  • Deborah66
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19 Mar 18 #500273 by Deborah66
Reply from Deborah66
Don't forget in the section capital needs you can add your capital needs. I recall reading previously that you wish to remain living in the FMH but as there are debts and an interest free mortgage and that you are likely to be unable to rehome yourself in 10 years time. So put the lump sum you seek as a capital need to reduce the debts and mortgage. You could even put the capital amount as being a lump sum that would pay all the debts off leaving you mortgage free. I don't suggest you are entitled to this, but these are your capital needs, subject to what is in the pot and how the pot should be divided. If inheritance is needed to meet your needs even if it is post separation it can still be utilised to meet needs.

Best Wishes
Deborah

  • Lipstickandlollipops
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19 Mar 18 #500276 by Lipstickandlollipops
Reply from Lipstickandlollipops
Thank you Deborah, you are right I would prefer to stay in the FMH.
Your response is much appreciated.

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20 Mar 18 #500321 by Lipstickandlollipops
Reply from Lipstickandlollipops
can anyone tell me how easy it is if you have no solicitor to prevent a divorce becoming absolute before settlement?

I want total independace from his control which I won't get unless it's been decided what happens to the FMH as he still believes after 3 years plus he can come in anytime he likes because he part owns it.

Please advise, I'm a nervous wreck already and it's only just begun!

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