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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.


Split of assets

  • outoften
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24 Dec 07 #9484 by outoften
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:woohoo: We are both in our late 50s, and have been married for 5+ years. We pooled our resources and bought this house, which has problems due to a subsidence claim. She put in 70+%, and I the rest. I don't know how this will be split. I couldn't afford a house of my own if the split was the same. Surely a court would not see me homeless? I have a pension that will amount to £8K per year. How could this be taken into consideration? I would prefer not to lose any of my pension if possible. Would she be able to claim maintenance from me, as I work full time, and she is only part time?
I want to travel for best part of a year. How could I do this without it being seen as desertion.

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26 Dec 07 #9557 by attilladahun
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In a short childless marriage the case of Foster v Foster is authority for the parties getting back their initial contribution and then sharing equally the profit generated during the marriage

Other capital assets s acquired in the marriage also shared

including pensions earned during the marriage.

She is under an obligation to maximise her earning capacity so why can she not work full time

You don't say what your net incomes are?

It may be on the basis of need SM may be payable?

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26 Dec 07 #9558 by attilladahun
Reply from attilladahun
In a short childless marriage the case of Foster v Foster is authority for the parties getting back their initial contribution and then sharing equally the profit generated during the marriage

Other capital assets s acquired in the marriage also shared

including pensions earned during the marriage.

She is under an obligation to maximise her earning capacity so why can she not work full time

You don't say what your net incomes are?

It may be on the basis of need SM may be payable?

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27 Dec 07 #9567 by outoften
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:laugh:Dear Attilla,

Thanks for your reply. I would ask if it is classed as a short marriage?
She has always maintained that she must work part time as she has a house to look after.
Net incomes are 24K and 9K respectively, at this present time.
Would my pension have to be shared over the period of the marriage, or would that be too costly to set up as to not make it worthwhile:laugh: ?

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27 Dec 07 #9568 by attilladahun
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Foster would apply unless the other parties need is greater

Now she is single she has an obligation to work....unless she has health issues or in a high net worth divorce it was never expected she would work.

Pension shared over the period of the marriage (Re H)

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27 Dec 07 #9569 by attilladahun
Reply from attilladahun
Foster would apply unless the other parties need is greater

Now she is single she has an obligation to work....unless she has health issues or in a high net worth divorce it was never expected she would work.

Pension shared over the period of the marriage (Re H)

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27 Dec 07 #9575 by outoften
Reply from outoften
Thanks again. I presume we are talking about English law?
Health issues - well, she has had ME for 4+ years, and now I am suffering depression because of the situation. We are both still working technically. Do you think this would make a difference.

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