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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
  • fairtradebananas's Avatar Posted by
  • Senior Member
  • Senior Member
09 Jan 15 #453313 by fairtradebananas
Reply from fairtradebananas
I agree a Clean Break would seem to be the way forward.

I guess my question though is still, is there a case for claim? In my (non-lawyer) mind, she walked away with nothing of her share of business, house equity, cash etc.
I''d like to know that if her ex took legal advice, he''d be told she is still entitled to much more, and perhaps not to harass her over things like this.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
09 Jan 15 #453315 by Fiona
Reply from Fiona
Divorce settlement depend on the overall circumstances. Any assets (including pensions) held in his/her/joint names form the matrimonial pot. This shared according to a checklist of factors is s25 Matrimonial Causes Act 1973. If one party has a higher income and/or the other spouse has a child of the family living with assets may be split 60:40, 80:20 or when the pot is small even 100:0 in favour of the lower income spouse/parent with the majority of childcare.

That''s why there is no substitute for independent legal advice from a family solicitor. Your partner would then be able to find out were they stand and what options there are in the particular circumstances.

BTW "Children of the family" means any child who lived with the divorcing couple as family.

Claims are just a number crunching exercise and letting emotions get in the way just hurts the wallet.

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