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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.


remarry

  • Miky
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20 Feb 08 #14541 by Miky
Topic started by Miky
Hi,everyone,
After 30yrs of marriage when the asserts been devided is it a benefit to expose that one plan to remarry(higer earner)

  • mike62
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20 Feb 08 #14543 by mike62
Reply from mike62
Sujaya,

It makes no difference. Divorce in the UK is 'no blame'. So unless they have remarried at the time assets are divided, you can't use it against them to get a better split of assets. Sorry!
Mike

  • DownButNotOut
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20 Feb 08 #14550 by DownButNotOut
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Sujaya,

I'm not sure Mike's answer is quite right on this one.

It's not clear from your question whether it is you or your soon to be ex who is planning to remarry.

The main points about one party having a plan to remarry are:

1) If the person remarries before submitting a claim for Ancillary Relief (divorce finance procedure) then they lose their rights to make a claim. So if you are the weaker financial partner in the marriage MAKE SURE YOU CLAIM ANCILLARY RELIEF BEFORE YOU REMARRY.

2) Court orders and Consent Orders defining the financial agreement for ancillary relied often have a termination clause upon remarriage. So your maintenance payments from your ex may well stop when you remarry.

3) If you start to cohabit or remarry before the financial agreement is finalised then you are changing the parameters for the financial split. By living with someone you are reducing your outgoings (because you have someone to share the bills with) so you 'need' less money to live on. In the vast majority of cases the split of assets and setting of maintenance depends on the 'needs' (and ability to pay) of each party. So if you reduce your needs then you may well get a lower share of the assets and a lower level of maintenance.

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21 Feb 08 #14579 by Miky
Reply from Miky
Hi,
I am the partner of the respondent who is the higher earner (temaprory) because he is on pension but still rejoined to work temporary and yearly need basis. but his wife still working gets a £34.000 pam income which is 1/3 of my partners.
I am thinking if my partner put his plan to marry me (I am currently unemployed)to show more needs in future as we are planning for a baby too.because I found the following clause as a one of the facts out of 7 facts when it comes to split the asserts.

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
Give your thoughts please

Thabnks

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