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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Pre- Marital assets merged after short marriage ?

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23 Apr 12 #325944 by sotiredofthisnow
Topic started by sotiredofthisnow
Firstly - what is a ''short marriage'' usually considered to be ?

Secondly - at what length of marriage are all pre-marital assets considered merged ?

thank you all

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23 Apr 12 #325953 by Fiona
Reply from Fiona
There are no hard and fast rules. Generally less than five years is considered short and with the passing of time the origin of assets becomes less important. The duration of the marriage is only one factor, there are more in the s25 Matrimonial Causes Act 1973 that have to be taken into account. Needs often trump over anything else, particularly if there are children.

Also, depending on the nature of a relationship and how the finances were arranged, a period of cohabitation immediately before marriage might be added to the length of the marriage.

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23 Apr 12 #325973 by sotiredofthisnow
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Thanks, that''s very helpful. So (do correct me if I''m wrong) basically i shouldn''t bang on about how I brought a house & savings etc to the marriage where the other party brought nothing ? It''s more a question of what assets are available now to split and who needs them most ? Thanks again

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23 Apr 12 #325975 by Fiona
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How long was the marriage and any cohabitation before? Are there any children?

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23 Apr 12 #326064 by sotiredofthisnow
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4 years, my wife had a child from a previous relationship who she has care of in full. I want to see him (as he wants to see me) but am not being allowed contact currently

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23 Apr 12 #326112 by Fiona
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The priority with divorce settlements is the welfare of any dependent children of the family. "Children of the family" means children who lived with the divorcing couple as family and there is no discrimination between step-children and natural children of the relationship.

It is indeed a question of who needs the assets the most but there has to be balance. A good starting point is to consider how everyone is to be housed and research local house prices and both parties mortgage raising capabilities. Your wife''s potential earning capacity is a relevant factor. The natural father will be the first port of call for child maintenance.

As far as contact is concerned if arrangements can''t be negotiated or mediated unless you have Parental Responsibility you would need to apply to court for permission to apply for contact. It is usually a formality and invariably granted. Generally maintaining established bonds with step parents is thought to be in the best interests of children.

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