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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.


Where best to divorce

  • Reading
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11 Mar 08 #16461 by Reading
Topic started by Reading
Married 3 years ago in Iowa. Lived in England since marriage.
Wife obtained British citizenship then left me. She is living with boyfriend in Iowa. Financially she brought little to the marriage and contributed little afterwards. No children. Am I better off pursuing divorce in England or Iowa?

  • DownButNotOut
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11 Mar 08 #16462 by DownButNotOut
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UK divorce law is very protective of the financially weaker party (lower earner).

One example being the ability of UK court to order that the better off party pay the weaker spousal maintenance (alimony) for life.

Another is that the homemaker is given full credit for that role and so it is irrelevant in UK divorce law that you paid for everything during the marriage. As a starting point for medium to long marriage with no kids the assets are split 50:50. That includes assets that you owned solely before the marriage.

I have no knowledge of US/Iowa divorce law.

You may wish to seek futher opinion - but I would think that you would get a better settlement in the US.

  • Fiona
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11 Mar 08 #16519 by Fiona
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Depending on all the individual circumstances of the case it doesn't necessarily make that much difference unless perhaps yours is a big money case. In Iowa equitable can be defined as "what is fair, not necessarily equal." so automatically believing the marital property would be divided 50-50 would be a wrong. Also spouse maintenance may be ordered for for a temporary or permanent amount. Not that much different than here although it hangs on the interpretation See;

www.divorcesupport.com/divorce/Iowa-Divorce-Laws-524.html

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