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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.


Financial mess, help needed

  • Seperationfromhell
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04 Apr 12 #321630 by Seperationfromhell
Topic started by Seperationfromhell
I seem to be in a complete financial mess and don''t know what to expect from ex, we were married 5years together 13, we have a 11 yr old daughter together and my son who is 15, who my ex has raised as his own , he sees the children when he is home form work , works away 6weeks on 6 off.

His yearly salary before overtime is £63900
Mine is £8000, I also receive tax credits
He pays £550 a month child maintenance.

We own two homes family home he lives in now bought for £265000 apparently only valuing at £240000 now owe £235000 to mortgage. He has been paying mortgage for this house.

2nd home I live in bought for £70000 remortgaged to £105000 to pay deposit for house he is in.I have been paying mortgage for this house (interest only as can''t afford repayment)

Would really appreciate some advice on what I should be entitled to And what is fair as he seems determined to pay as little as possible.

  • maisymoos
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04 Apr 12 #321632 by maisymoos
Reply from maisymoos
Was the remortgage on your house with your consent? was this done prior to separation?

What is the equity in your home?

  • Seperationfromhell
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04 Apr 12 #321639 by Seperationfromhell
Reply from Seperationfromhell
Yeh the remortgage was before we split up.

There is no equity in my home we owe £105000 and it''s now only valued at £70000

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04 Apr 12 #321650 by maisymoos
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There is a large difference in income. Is he overhoused? Do your daughter/son stay with him overnight?

In theory he is equally responsible for the debt on your home as acrrued during marriage. I assume there are no other assets?

Are there any pensions?

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04 Apr 12 #321652 by Seperationfromhell
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Yeh very large difference in income, he is also over housed, they stay overnight one night a week when he is home, we have no other assets , at the moment I can''t afford the debt I am struggling to survive as it is

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04 Apr 12 #321656 by maisymoos
Reply from maisymoos
It may be worth trying to make a solicitors appointment, many family solicitors give initial consultations for free.

Unless your ex sells and downsizes there is no available spare cash to reduce the debt against your home.

You may have a case for spousal maintenance, Are you maximising your earning capacity at the moment?

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04 Apr 12 #321669 by Seperationfromhell
Reply from Seperationfromhell
We have been going through solicitors for 2 years now and I''m no further forward, I have been advised to walk away completely but I have no money to set up again and would mean my kids being homeless again.

I currently work in education as special needs helper so it''s not great pay, have been trying to get a 2nd job but no luck yet.

I have been looking into going back to college to retrain but can''t afford it , and as he works away long periods I would struggle for child care , I wish now I had stayed at college instead of staying at home to allow him to further his career

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