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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.


What are our rights (both of us!)

  • Verity61
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02 Oct 12 #358925 by Verity61
Topic started by Verity61
My husband & I are separating. I don''t want to be with him anymore; we have tried for the last 5yrs to make things work but to no avail. he has fled to a friend''s house for a week but now says he is coming home & will not entertain moving out as he has much righ to live there & he can''t afford to rent anywhere. He states he is staying put until I give him the money he is entitled to. I will explain our financial situation

Both 51 years of age
1 son - aged 19, currently unemployed & living at home.
20 years married, 1 cohabitation

I earn around £24,500; my husband ~£19/20k with o/time

My outgoings incl. credit cards; mortgage, bills etc are prob about £12/1300; my husband''s substantially less - say £800.

The house is in my name; I pay the mortgage, I pay all the bills.

We both have credit card debts of aboutr £5k each

We don''t have a joint bank account; we have no savings.

I understand my husband is entitled to a percentage of money - his contribution has been to do the food shopping (but only in the last 14 years); cleaning; cooking; childcare; clothes for son, christmas/birthday presents. He has spent some years of our marriage unemployed.

Where do we both stand financially? thank you.

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02 Oct 12 #358930 by vivi36
Reply from vivi36
Hi.

I''m sorry to say that as you have a long marriage and no dependent children then most divorces ''start'' at 50/50.

The fact that you pay the mortgage and that it''s in your sole name will be irrelevant. Ie my xhusband is the higher earner and paid all the bills didn''t help him in the slightest as we were a married couple and I was a housewife. The fact that the house is in your sole name, I really don''t know if that carries any weight.

I''ll be interested to know what others think so I''m going to subscribe to your post

Wishing you all the best

Xx

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02 Oct 12 #358931 by WYSPECIAL
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Given that you are both the same age with no dependant children starting point after such a long time together would be 50/50 split of the total pot although he may be able to claim slightly more as he earns less.

Do you have any pensions etc?

It doesn''t really matter whose name something is in or who paid for what historically.

What is the equity in the house? Would there be enough to house you both if you sell or could one of you afford to buy the other out?

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02 Oct 12 #358933 by Verity61
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Yes, I have a final salary pension and my husband has a pension with the NHS. There is equity in the house but it wouldn''t be enough for us to both buy something.

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02 Oct 12 #358936 by Verity61
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I had the house before we even got together, was a single parent with 2 children and really struggled to keep everything going. I was told 50/50 as a starting point but was hoping that the fact that I had all this before I even met my husband would count to me perhaps getting more percentage than him. Don''t get me wrong, i realise he''s entitled to money.. just didn''t think it would be as much as 50%!

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02 Oct 12 #358937 by WYSPECIAL
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Priority will be to provide both of you with somwhere to live.

You both need one bed homes how much would that cost to buy or rent in your area?



How much equity is there? I meant enough to house you both taking into account your mortgage capacities.You have a slightly greater mortgage capacity than your s2bx.

What are the pensions worth?

Do you really want to keep your current house and want to buy him out?

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02 Oct 12 #358938 by Verity61
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I need 2 bedrooms since our 19 year old son is at home and unemployed; he wants to live with me & currently I am financiallay responsible for him till he gets sorted. He had an apprenticeship from which he was laid off & is seeking further employment at the mo. My husband is almost 52 and I am 51. There is probably £120k equity in our home. We live in the East Mids; it would cost £120k or more for a v.small 2bed house and about the same for a 1 bed flat. £60k wouldn''t buy anything.

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