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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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FORM E SECTION 3&4

  • Selene17
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30 Jan 22 #518730 by Selene17
Topic started by Selene17
I have applied for a divorce late 2020 and had to flee my marital home with our child from the marriage, due to domestic violence. I have moved back to where I grew up and am currently renting. I do not work as I am disabled and had given up work to be a SAHM to our daughter to save to the exorbitant costs of childcare. My health has declined due to the stress over my ex's high conflict abusive behaviour (he currently uses our child to hurt me).

I have legal aid for the child arrangement order (my ex has tried for full custody) and my solicitor wants to see if he can negotiate with the ex for financial settlement (we own a modest small home which my ex does NOT want to share with me) without resorting to court and costing me more money in the long run. So I am trying to do lots of the paperwork myself to reduce costs.

That said, I am lost when it comes to applying my situation to completing part of form E. Specifically, Section 3 &4. How can anticipate what changes will occur? I can only speculate regarding this, as lots of changes could happen but it depends if I am able to buy a home (it's highly unlikely I can get a mortgage), paying debts and repercussion on my benefits (am only able to have a certain amount in savings), possibly buying a newer car. There are lots of "what ifs" as I may not be able to do all of these things or any of them. How is this handled in Section 3 and section 4 ?

tia

  • hadenoughnow
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31 Jan 22 #518731 by hadenoughnow
Reply from hadenoughnow
Section 3 is about your reasonable needs, not wherher you can afford them. The question re settlement is whether they can reasonably be met from the matrimonial pot.
In terms of changes to your situation, there may be none anticipated: your situation has already changed dramatically. Depending on the age of your child it may be possible for you to return to part time working perhaps??
Section 4 is largely about contributions and lifestyle. Your contributions are equal: it does not matter who paid the bills. This is more about big stuff like owning property prior to the marriage, substantial loans e. g. from parents etc. It may include things that saved money like parents helping with childcare etc.
The conduct bit needs to be considered carefully. Conduct is almost never considered unless it has had a clear financial impact. Did you have to leave a job to move away??

If you need to have your form E checked it may be woth talking to the helpline and booking a one hour session with a consultant.

Hadenoughnow

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