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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.


Assets buitlt up after divorce

  • John01
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16 Oct 12 #361342 by John01
Topic started by John01
Hello, I am looking for some advice. I was divorced 12 years ago and at the time of the divorce we had significant debts and no assets. I attempted to exchange form E''s and secure a Clean Break but my ex-wife refused to respond at the time. We have 2 children one is now 18 and the other 15 1/2 and I have been paying child maintenance via the CSA throughout the last 12 years, consequently I did not have the means to pursue the matter of the financial settlement and so let it lie. Since then I have remarried and have have been able to discharge all of the debts with no contribution from my ex-spouse. I have rebuilt my life and have a mortgage with my new wife(of 11 years)and no debts other than a mortgage. I have records of the debts from the time of the divorce; a value of my pension at the time of the divorce etc and other financial records.
Wher do I stand?

  • eyes on horizon
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16 Oct 12 #361354 by eyes on horizon
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you can attempt to settle now via consent but if the ex does not cooperate then i am not sure but one of the legal heads should be along shortly with more advice. Best bet is to write to the ex asking to tie things up, politely. I think that you can not lodge AR proceedings at court however, as you ahve remarried.

  • .Charles
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17 Oct 12 #361394 by .Charles
Reply from .Charles
Unless there were significant assets, time generally diminishes a claim.

As EyesOH says, you may not be able to apply for a financial settlement as you have remarried. It does rather depend upon whether you were the Petitioner in divorce proceedings and if so, did you make a financial claim in the petition?

Charles

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