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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 help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


What about what you've brought to the marriage

  • robmcd
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05 Nov 07 #5912 by robmcd
Topic started by robmcd
I'm very new to this so please be gentle.
The calculator does not seem to take into account what you brought into the marriage either before the marriage or during.
I used my lifelong savings to buy our first home - is that not considered as part of the settlement?
When I married my partner they had a very limited earning capacity (

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06 Nov 07 #5961 by Sera
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robmcd wrote:

I'm very new to this so please be gentle.


Hi Rob,

Welcome. The calculator, (I'm assuming?) takes the assets into account from a Marital pot. (That is all assets - regardless of who paid for what).

If you post up all the details here: your Ages, length of marriage, children? and their ages? Incomes, Savings, Pensions, House(s), incomes, contributions, Savings etc;

You will probably get a much better idea of how it would be decided to be split.

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06 Nov 07 #5973 by Fiona
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Unfortunately, unless your marriage was short ,the former marital home will be regarded a matrimonial asset regardless of where the assets to buy it came from.

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06 Nov 07 #6002 by JLGsDad
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Depends on circumstances.

A short marriage with no kids, you've got a good chance of keeping what you came in with.
A longer marriage or kids, tough.

I brought in a lot of money into marriage, have used half in house and half remains in investments.

I've been married 9yrs and have 3 kids. I've been advised by several sols that money into house has been put into marriage, so no hope there, and that other half will almost certainly be considered by judge to be 'in the pot'.

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20 Nov 07 #7116 by robmcd
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A secondary question I have is - 'Will the settlement take into account assets at the time of the separation or assets at the time of the settlement?'

Details as follows:
Married 10 years
2 children, 6 and 3 yo
I earn around 150k/year through a limited company and end up paying myself around 40k a year (includes 30k in dividends) and my wife 35k a year (30k in dividends).
The company is owned by us both and has assets of around 100K
We have about 20k in the bank, 20k in cars and about 50k of stuff that we don't need lying around the house and in my wife's wardrobe.
I have about 30K in a pension.
We have about 550K equity in our current house that we will sell in the spring when I've done some essential improvements.
She's just had an offer on a house of 300K accepted that I'll have to get a mortgage on until we sell our house.

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20 Nov 07 #7117 by robmcd
Reply from robmcd
A secondary question I have is - 'Will the settlement take into account assets at the time of the separation or assets at the time of the settlement?'

Details as follows:
Married 10 years
2 children, 6 and 3 yo
I earn around 150k/year through a limited company and end up paying myself around 40k a year (includes 30k in dividends) and my wife 35k a year (30k in dividends).
The company is owned by us both and has assets of around 100K
We have about 20k in the bank, 20k in cars and about 50k of stuff that we don't need lying around the house and in my wife's wardrobe.
I have about 30K in a pension.
We have about 550K equity in our current house that we will sell in the spring when I've done some essential improvements.
She's just had an offer on a house of 300K accepted that I'll have to get a mortgage on until we sell our house.

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20 Nov 07 #7118 by robmcd
Reply from robmcd
A secondary question I have is - 'Will the settlement take into account assets at the time of the separation or assets at the time of the settlement?'

Details as follows:
Married 10 years
2 children, 6 and 3 yo
I earn around 150k/year through a limited company and end up paying myself around 40k a year (includes 30k in dividends) and my wife 35k a year (30k in dividends).
The company is owned by us both and has assets of around 100K
We have about 20k in the bank, 20k in cars and about 50k of stuff that we don't need lying around the house and in my wife's wardrobe.
I have about 30K in a pension.
We have about 550K equity in our current house that we will sell in the spring when I've done some essential improvements.
She's just had an offer on a house of 300K accepted that I'll have to get a mortgage on until we sell our house.

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