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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.


what am i entitled to

  • GLAM3185
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09 Sep 14 #444029 by GLAM3185
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Can I clain housing benefit and will the council give me a house and pay the rent as I work 30 hours and earn now 11,330 a year. I updated my tax credits and I now get £5.000 a year. Please help.

  • Fiona
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09 Sep 14 #444052 by Fiona
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Local councils in Scotland set their own allocation lists for housing. Basically you are given points depending on your need. Family breakdown is a consideration but if you are already housed your need isn''t as great as a homeless family. At a rough estimate you would be entitled to some housing benefit but you need to key in the exact figure in a calculator such as the one at www. entitledto.co.uk to get a better idea. You would also be eligible for the single person''s discount on council tax.

However there may be other options and you shouldn''t act in haste. Any assets (including the former matrimonial home, pensions, saving and investments) held in sole or joint names which have accrued between the dates of marriage and separation are considered matrimonial. They are shared fairly, usually equally although you may be able to claim a bit more if you are disadvantaged because of your responsibilities for the children.

Assets can be offset against each other so you could have a greater share of the equity and your husband retain a greater share/all his pension. With your income and child maintenance you may be able to raise a small mortgage and depending where you live that might be enough to purchase a smaller property. Alternatively you may be able to buy your husband out of his share of the former matrimonial home or a sale of the property could be deferred until the children are older.

If your husband earns a reasonable amount it might be reasonable for him to continue paying the mortgage or some aliment for a few years so you can readjust without the family suffering more hardship than they need.

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