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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.


Am I entitled to claim?

  • exeter64
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01 Oct 12 #358786 by exeter64
Topic started by exeter64
My husband and I separated in April 2012. We were married in June 2009 but lived together from July 2008. My husband had a property before we were married on which I do not want to make any claim. However, I moved to a bigger rented house to accommodate our living together. For the 3+ years we were together he rented out his property but only contributed 1/4 towards the household expenses of our marital home. Over the period of time we were together he saved approximately £11,000 on the household bills he would have incurred at his flat and in addition made a profit of £200 per month on the rented flat. Do I stand any chance of getting any settlement based on the income boost he would have received during this time?

  • LittleMrMike
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02 Oct 12 #358832 by LittleMrMike
Reply from LittleMrMike
A Court can consider almost anything, but what you are describing seems to me like water under the bridge.
What would, I think, really matter, is that he has a house on his own account. You say you don''t wish to make a claim on it, which is commendable on your part, but the fact remains that it''s an asset and must be taken into consideration along with the other assets.
It may be possible, for example, for him to use it as a residence for himself and if spousal maintenance is an issue, which it may or may not be, that would mean he would be able to afford more than wouth otherwise be the case.
Have I answered the question ?
LMM

  • exeter64
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02 Oct 12 #358842 by exeter64
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Yes - I think so :)I''ve also gone through the Divorce Calculator on the site and whilst my income is reasonable, his is more, and he works out of the country so tax free. The calculator has indicated an amount of maintenance that he would have to pay; could this be negotiated to provide a one off payment? We have no children from the marriage, although I already have two. I live in rented accommodation and he has returned to the property that was rented out during our marriage. I guess my next step is to get some specific legal advice?

  • somuch2know2
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02 Oct 12 #358857 by somuch2know2
Reply from somuch2know2
Would a short marriage of 4 years warrant SM?..especially as there are no children?

Why would you not stake claim on a property but then ask to be supported through SM?- I presume you also get CM from the children''s father?

  • exeter64
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02 Oct 12 #358971 by exeter64
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There is no support in the form of child maintenance from the father. He doesn''t work due to mental health issues and is therefore incapicated. Could somebody just advise whether a marriage of 3 years and co-habiting for a year previously is deemed long enough a period of time to warrant a financial claim against my ex?

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