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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.


Advice on CB/Maintenance/House equity etc.

  • fairtradebananas
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08 Jan 15 #453278 by fairtradebananas
Topic started by fairtradebananas
Looking for some advice on behalf of my girlfriend

She (37) split from her husband (42) after 9 year marriage 12 months ago (his regular infidelity and abuse). They have one 7 year old together, he has a 15 year old from a previous relationship.

Although there was £100K equity in the property, she walked away with just £50K cash (which was received by her 5-6 years ago as a critical illness insurance payout - breast cancer).
Although she was an employee of their successful business (and brought in a lot business for it), she walked away from this and a c.£8K joint bank account too. She walked away from it all, as she was scared and did not want an argument. This fear continued but she managed to complete her divorce recently, but made no request for any money. She was always confident she would find a good sales job, which she did and manages to work around childcare.
He now has his child every other weekend only (though he objects to this too), and paid one month''s child maintenance a year ago, and nothing since. We don''t know his salary, but it is adequate. She hasn''t bothered to ask for any CM, or go via CSA - partly for fear of an argument, partly because she has a good salary now and although entitled to it, does not necessarily need it.

Today, he has ranted about a letter received from Child Benefit office regarding an overpayment they received during the last year they were together. He is saying she owes him the money. All CB received during that time went into their joint account (the one she walked away from containing £8K).

It seems obvious to me that she should tell him he should pay it from whatever is left in that account. However, I''m fully expecting him to complain.

Any thoughts?

Also, I assume that now her divorce is final, there is no route back for her to claim her share of FMH equity? She didn''t receive any good advice during the divorce unfortunately :(

  • WYSPECIAL
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08 Jan 15 #453282 by WYSPECIAL
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Who is the letter addressed to?

Only one person can claim CB if he was claiming it and his name is on the letter surely he should take it up with the CB office if he isn''t happy to repay it?

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08 Jan 15 #453283 by fairtradebananas
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The letter is addressed to him apparently, though he will likely try to point out that the money went to them both (he will of course ignore the fact that he kept that money)

I''d like to recommend she message him and suggest he take some legal advice, just so he can realise exactly how damned fortunate he was.

Any other thoughts?

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08 Jan 15 #453289 by WYSPECIAL
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She should tell him it''s nothing to do with her as it doesn''t have her name on and he should speak to the CB people.

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08 Jan 15 #453294 by Fiona
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There is no substitute for independent legal advice. As far as sharing assets is concerned unless there is a court order settling the finances on divorce either party can claim against the other in the future.

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08 Jan 15 #453295 by fairtradebananas
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Oh really? I thought it was usually a condition of a decree being granted, that finances were settled?

If not, and given the information above, do you think she''d have a good case for a claim?
As I said, she doesn''t want his money. She just wants him to realise that he came out it exceptionally well, is continuing to do well (by her not asking for a penny is CM) and consequently to not bug the s**t out of her :angry:

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08 Jan 15 #453300 by fluffyninja
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It is usually advised to sort the finances before applying for the Decree Absolute. However, if this is not dealt with at the time then either party could make a claim in the future.

Although you say your partner doesn''t want anything it may still be better to conclude things, and obtain a Clean Break.

What you must bear in mind is that either party could make a future claim. An example would be your partner winning the lottery - there is nothing stopping her ex making a claim whilst there is no Consent Order giving a Clean Break. Whether or not he would receive anything, maybe, maybe not. The fact remains he could make that claim.

Perhaps better to obtain some good legal advice now and conclude things formally rather than taking a risk.

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