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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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.

property split

  • liberty1
  • liberty1's Avatar Posted by
  • Junior Member
  • Junior Member
15 Jan 08 #10714 by liberty1
Topic started by liberty1
is there a standard formula for calculating what each party receives from the proceeds of the sale of the marital home. My wife insists she will receive 60% of the equity raised.


  • Shepherd
  • Shepherd's Avatar
  • Senior Member
  • Senior Member
15 Jan 08 #10717 by Shepherd
Reply from Shepherd
Hi Carl.

It depends if there are children involved in the marriage (and a lot of other things). The settlements of assets and liabilities usually goes slightly in the favour of the parent with care of the children. For example in my situation, I have two children and my wife has primary care. I've been told by my solicitor I'm not entitled to an equal 50 50 share, it will be more like 35% to 40% share. As it stands at the moment however, I've had zero and its looking like I'm going to continue to get zero for several years to come.

Hope that helps a little.

Best Regards,

  • liberty1
  • liberty1's Avatar Posted by
  • Junior Member
  • Junior Member
15 Jan 08 #10719 by liberty1
Reply from liberty1
Many thanks for the information. I do have two children also but understand that the size of the accomodation affects the right to an enforced sale of the marital home. From information derived so far if the accomodation is for example three bedrooms and you have two children then a sale cannot be enforced - fortunately i had the additional bedroom and can ask for the sale. Good Luck and thanks again for the info.

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