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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.


Am I entitled to more than 50% of assets?

  • musicteacher
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27 May 20 #512624 by musicteacher
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He will not negotiate other than 50/50 split or I am.'stealing his future'. I cant afford to take him to court. Could a judge over rule if they think it's not fair?

  • Rickoshea
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29 May 20 #512631 by Rickoshea
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Any agreement will go to a judge regardless to decide if it is fair.

If both houses are suitable and there is effectively around £290k in equity then if both were sold you would both need a £50k mortgage to buy a £200k property. If his pension is higher than yours then given your ages there is an argument to adjust potentially, likewise with the mortgage potential for each of you.

So as an example if you remortgaged £50k of your property and gave to him you would both be left with a mortgage twice your earnings there or thereabouts his pension will be higher but the costs of valuing both will be high and may not result in lots of change to equalise them.

Maybe worth paying a solicitor for more advice than a free session before you decide to go down the court route. Also you have the disadvantage that the children’s ages mean you will be expected to be increasing your income if part time and the children are split 50/50

  • WYSPECIAL
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29 May 20 #512632 by WYSPECIAL
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musicteacher wrote: He will not negotiate other than 50/50 split or I am.'stealing his future'. I cant afford to take him to court. Could a judge over rule if they think it's not fair?


If you can't come to an agreement between you the ultimately, at the final hearing, the judge TELLS you what the split is going to be.

Presumably the proportion that your MIL owns is all legally recorded and documented?

The marital assets are different. You don't "owe" him half the value of the house you are currently living in. It is a marital asset to be split along with the rest of the pot as agreed/ordered.

The priority of the court will be housing everyone which you can easily achieve. If one party needs more than half of the pot to do this then that is what will happen.

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