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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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EX getting in debt

  • MrsMathsisfun
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21 May 12 #332099 by MrsMathsisfun
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SW

The issue is that the ex can no longer sustain that amount and on his income its unlikely he would be made to pay that amount of sm, so the poster needs to be aware that she must be able to afford the martial home without this money in order for her to remain in the family home after the finances are sorted.

  • sillywoman
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21 May 12 #332105 by sillywoman
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The poster said he is spending money on sports cars and holidays, so I do think he can sustain it.

The mortgage is joint so it is a debt they are both liable for.

  • Fiona
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21 May 12 #332109 by Fiona
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Someone with an income of £2,800 isn''t going to be deemed to have much ability to pay SM, if any. State benefits for a non working single parent with 3 children should be about £1,250 a month and if child support of £700 is added to that figure W has a total income of £1,950. H''s income would be reduced by £700 leaving him with £2,100 which isn''t much of a discrepancy to justify SM.

Credit card debts accrued after separation that weren''t for the benefit of the family remain the responsibility of the spouse who ran them up.

  • positive99
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21 May 12 #332128 by positive99
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thank you for your replies. I feel slightly better that the debt may not be taken out of the marital pot.

Keeping the FMH until i return to work would appear to be the only option for me unless someone has an alternative option for me. If i move into rented accommodation some of my benefits stop and i would not be entitled to housing benefit due to having savings over the threshold amount. Therefore I would be living on the equity from the house which will leave me with a smaller deposit for when i am able to return to work and obtain a mortgage.

We have just exchanged voluntary disclosure of finances including pension CETV''s. I am awaiting an offer or further instructions from his solicitor.

At present we have the following assets:
FMH Value £300k outstanding mortgage £171000
Family car £6500
Caravan £8000
Savings £9700
His pension CETV :£220,000 (police pension), 10 years left until he retires
My pension is final salary scheme but very small value as I have worked part time and been on maternity, career breaks (cannot remember exact CETV value as with solicitor)
H 42
W 32
Cohabited since 2000, married 2005, separated 2011, 3 children from this relationship.

At moment house is on the market but I am unsure what would be an achievable split in order for me to move on financially

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