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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.

Clean Break, Short Marriage and Pre-Marriage Asset

  • BackTeeth
  • BackTeeth's Avatar Posted by
  • New Member
  • New Member
04 Jan 08 #9939 by BackTeeth
Topic started by BackTeeth
Take the following situation. Husband brings to marriage house and savings and pension. Wife brings nothing. No kids.
According to the calculator, for every year of the marriage she is gaining 10% of this wealth for the pot, and the husband is losing out. After a certain time period, she appears to be given more than 50% of this pot. Can this be right? I can understand that this may be the case if the couple have kids, but why would she be entitled to a greater share, having brought nothing to the marriage ?

Any ideas ?

  • Specialdad
  • Specialdad's Avatar
  • Platinum Member
  • Platinum Member
04 Jan 08 #9977 by Specialdad
Reply from Specialdad
Forget the calculator.

Its usually 50/50 and a Clean Break when there are no children.

Exceptions are where there was violence in the marriage and disabilities of the parties involved.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
05 Jan 08 #9990 by Fiona
Reply from Fiona
The calculator is good at crunching numbers but doesn't take account of individual circumstances.

In a short, childless marriage (normally less than 5 years) it is unlikely that a 50/50 division of assets will be ordered particularly if one spouse brought substantially more assets to the marriage. Normally assets acquired prior to the marriage will be retained, or returned to the spouse who originally had them, and assets accrued during the marriage will be divided 50/50 when the parties divorce.

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