A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.


  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
24 Nov 07 #7558 by attilladahun
Reply from attilladahun
The case to rely on is Foster v Foster

In such a case the parties get back what they had before marraige and share the growth during the marriage

This can be displaced as Fiona says if the inherited asset was "used " by the parties it can become a mat asset.

Also can be displaced by "need" -say if W has C and she needs more £ to meet her reasonable hsg needs.

If tho you made the error of putting the house in Joint Names whilst the Crt can adjust the shares the TR1 transfer form after 1998 contains a "Declaration of Trust" section and if held a Tenants in Common the Court will usually follow the declaration.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11