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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.


Settlement issues?

  • cindygirl
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08 Mar 08 #16216 by cindygirl
Topic started by cindygirl
I lived with my stbx for 2 years in a house i was renting before i met him. We became engaged & looked for a new house to mortgage. We found a nice house in 1994 for £31.500 and my husband purchased it in his sole name, i didnt argue as i knew i would have some rights on our marriage. We both worked & paid bills between us though i admit he earned more than me. In Feb 1995 we were married, soon after he lost his job, he was an alcoholic & got sacked for turning up for work drunk, he had always suffered depression so he went long term on the sick until 2004 of this year. I gave up work when he went sick to look after him, i did everything in the house, decorating & gardening etc as he had no interest in it at all. In March 2004 he told me he was very unhappy and wanted us to seperate, it was a great shock to me but i agreed to move. I saw a solicitor who advised divorce & settlement of approx £20.000, which my husband agreed to. However, my husband got a remortgage of £20.000 but then asked if i would consider taking £17.000 & giving him time to work on his depression before divorcing him. I still loved him so i moved into a rented house with £17.000 & bought all new furniture etc, it lasted 6 months & i was seeing my husband daily for an hour or two each day. I never signed for the £17.000 & i did drop the divorce. However a few weeks ago i discovered my husband had been having an affair with a woman for nearly a year, he even sleeps at her house every night. I have put the divorce back in & he has agreed to it on the grounds of two years seperation but wont admit adultery. The house is worth approx £90.000 today, it was bought for £31.500 & he remortgaged £20.000 when he paid me the 17. He now says i wont be entitled to anything else as i took my share & the house is in his sole name. My solictor is going to argue that i was paid £3.000 short of the agreed offer & that value has risen in the last 3 years. He has worked since 2004 & currently earns £18.000 a year.
Will i be entitled to anything on our divorce? We had no children together in our marriage.

  • DownButNotOut
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11 Mar 08 #16503 by DownButNotOut
Reply from DownButNotOut
Luckily for you, you stand to benefit from the fact that UK law seems willing to set aside verbally agreed settlements that were never formalised in a Consent Order.

So (whether it seems fair or not) you very likely get a second bite at the cherry.

You could potentially claim for:
- a share of the house
- a share of his pension (if his pension is worth significantly more than yours)

As you work and his salary isnt huge - i doubt you could get any spousal maintenance.

So what would you get?

Well ignoring the previous 17k payout you could optimistically aim to get 50% of the 90K, i.e. 45K.

I guess if everyone agrees you already had 17k (you could play dirty and dispute that there ever was a verbal settlement - not recommended)
then you would be due an additional 28K.

He will argue you had your payout.

You will argue that you dropped the divorce and carried on in the marriage (have u lived back together again the last couple of years?).

My guess - you will get 10k to 20k more.

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11 Mar 08 #16525 by cindygirl
Reply from cindygirl
Hi, not sure if i made it clear but i'm on long term sick with depression so am not working at present, i also get low rate mobility & care, so not sure if i could get maintenance? I know i could refuse to say the 17k was from a settlement of the house but i'm not the type to do that, i would like to think he owes me more though. Thanks for quick reply, much appreciated

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