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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.


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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.


will moving in make a difference to settlement

  • yellowrose
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21 Jun 12 #338208 by yellowrose
Topic started by yellowrose
The adulterer has officially moved in with his sl.g. They inhabit a four bed detached house - hers. Both lawyers - equity partners so earning lots between them.
We haven''t had any meetings yet re money - still waiting for final exchange of details on form E.
Why has he done this. Surely this affects his needs in relation to financial settlement. Or am I missing something onvious?

  • fallingapart
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21 Jun 12 #338210 by fallingapart
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YR, I am in the same position as you. My stbx has moved in with IT already. I assume that it will affect his needs with regards to the financial settlement as he is now part of a two person household and all his bills will be halved?

I hope that there are some more experienced wiki''s about to help us out! but please don''t feel you are alone in this. Sending you big hugs as I know exactly how you must be feeling.

XX
FA

  • maisymoos
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21 Jun 12 #338212 by maisymoos
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HIs partners financial situation is not accounted for directly but yes it will reduce his need as there are 2 people able to contribute to household costs. My ex too moved his bint in pretty quick but claimed in court that she made no contribution to household costs despite earning £25 k and owning her own property!! The judge did not ignore this and I was granted Spousal maintenance at the rate I needed.:)

  • happyagain
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21 Jun 12 #338213 by happyagain
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It doesn''t affect his financial settlement as such as you are both entitled to an equal division of assets accrued during the marriage, no matter what the circumstances. Of course things happen to sway the division in favour of one party or another and it is very rarely a 50/50 split. Your ex, being a solicitor, will know this.
What it will affect is his need to be housed. Now, if there are children involved, the likelihood is that you will stay in the FMH and he will not see his share of any assets for a longtime unless there are savings involved. So moving in with her does nothing except puts a secure roof over his head and you don''t need to worry about him playing the ''poor me'' card and demanding the home be sold in order for him to get another mortgage.
Of course, the upshot for you is that his living costs have now halved. Whilst his partner''s assets will remain nothing to do with him or you, he should now have more disposable income which could make him liable for spousal maintenance or repayment of debts, etc.

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