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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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Worst case scenario

  • Srossees
  • Srossees's Avatar Posted by
  • New Member
  • New Member
30 Dec 20 #515178 by Srossees
Topic started by Srossees
My partner separated from his ex 8 years ago, after 8 years together (5 years cohabiting, 2.5ish years married). The both worked and she received an inheritance after she left. My partner was in debt. They had no assets, and one child. After being extremely dragged out, a nisi was pronounced in June. The ex is refusing to sign a Clean Break or apply for the absolute and we will probably have to go to court for financial remedy as we need to sever those financial ties

She has since had a breakdown and now no longer works, and is registered disabled so relies on benefits - she tells us that she endures much financial hardship. My partner earns 60k a year. We have been together 7 years, own a house together and have had a baby. I lost my job earlier in the year so he is sole provider for our young family. My step son lives with us predominantly due to his mums poor mental health, and has done for 18 months, before this we paid her maintenance every month of about £350. We do not claim CMS from her.

Can someone please help me with what the worst case scenario of a financial remedy hearing could be?

Thank you

  • hadenoughnow
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  • Moderator
  • Moderator
16 Jan 21 #515375 by hadenoughnow
Reply from hadenoughnow
Sorry to hear about your situation.

If there were no assets from the marriage and he paid off matrimonial debts without assistance despite her inheritance, then I struggle to see how a capital claim could succeed. His housing needs are greater than hers.

There may be a claim against pension accrued during the relationship. That will depend on what pensions each of them has.

In terms of income, she has lived independently for 8 years and has recourse to benefits which would be affected by any spousal maintenance. It is counted as unearned income and deducted £ for £. He would need a fair bit of surplus income for SM to be more than benefits income.

It may be that the way to resolve this is to agree a small lump sum to buy out any claim against the pension. Better to pay her than spend thousands going through the courts.
If she won't agree you may have no option. If that is the case you could consider self representing perhaps with support from this site and our fixed price services for litigants in person.


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