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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Debt run up after Absolute but before settlement

  • GoneWestWoman
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18 Jun 15 #463128 by GoneWestWoman
Topic started by GoneWestWoman
Seriously asking on behalf of a friend. Husband divorced her - he''d found someone else - and she stupidly agreed to it before any financial agreements. 18 months on, the FMH is about to complete on a sale. It has been left empty for 16 months after he locked the doors (she had left 6 months earlier at his insistence and moved in with their married daughter). She knows his Credit Cards were cleared (by her!!) Feb/March 2014 but he has since run up debts of £8,000+. She has paid all her legal bills as they were incurred. He has not paid his. Apparently she now has to pay half his CC debts from her share of the equity. They are solely in his name. Can this be correct? He earns 36K pa and she earns 14K pa. Kids both married and youngest is 25. He wouldn''t let her live in FMH, despite him working overseas for majority of the year. Joint mortgage. Pride prevented her from living there as he''d "thrown her out". My divorce is completely different as I have Nisi and am currently dealing with financial settlement before Absolute. My legal advice (which I trust) seems to be so very different from hers yet our marriages have very similar qualities (length, age of kids, earnings, pensions). Her Sols seem rubbish and have cost her S more than mine. Anyone got advice for her please?

  • hadenoughnow
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20 Jun 15 #463191 by hadenoughnow
Reply from hadenoughnow
Has your friend applied for a financial settlement through the courts? If there is no legally binding court order either by consent or imposed by a judge, then she does not have to agree to any of this.

There should have been financial disclosure on both sides. This can include production of historic credit card statements to give a full picture.

If there is no legal order, it would be sensible for any proceeds from the property to be held by the solicitors until one is in place.

The financial settlement should include division of all assets including pensions. Spousal maintenance or a larger share of capital may be appropriate if there is inequality in earnings.

If she is unhappy with her legal advisors it may be worth her seeking advice from a different solicitor. Her file can be released if she has paid all her bills.

You may want to suggest she joins wiki so she can get further support.


  • GoneWestWoman
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21 Jun 15 #463237 by GoneWestWoman
Reply from GoneWestWoman
Thanks hadenoughnow,

I''ve sent her a message regarding your reply which seems to follow what I thought. I know the house sale money is going to be in a Solicitors account, but neither of us are sure whether the financial settlement "rules" are the same if there has already been Decree Absolute.

Her solicitors don''t seem very efficient whereas his seem to be quite fierce! It really doesn''t seem to be a fair share from what she''s told me and her naivety could mean that she becomes permanently financially incapacitated by inept legal representation!

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