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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.

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final hearing

  • nix
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12 Feb 08 #13621 by nix
Topic started by nix
Just wondering if anyone has been in my situation or know anyone who has. I met my husband, things moved really quick. my daughter (from a previous relationship)and i moved in with him within 6 months,i then fell pregnant with twins, got married and now 2 yrs later i am divorcing him as he drinks far to much and is very aggresive. he wouldnt pay for us so i had to take him to court maintenance pending suit which we won. he is a very high earner £65k. he just doesnt want to give me a penny! he has a house worth £125k with about£55k equity. my solicitor would like me to get the equity so i can work part time and get a morgage so the children have a secure home as they are only 23 months and my eldest is 12.I am very concerned as my legal fees are nearly 10k. I have been advised that when we go to court i might get whats called a charge back???? my husband wants a Clean Break but im not so sure thats a good idea.

  • gone1
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13 Feb 08 #13740 by gone1
Reply from gone1
Hiya nix. I found this on the legal aid site:

It is in family cases that the Charge particularly bites. If there was a dispute over the house, even whether it should be sold now or later; if a lump sum order is made or division of house sale proceeds; or if other assets, such as life policies are either transferred or preserved - then the Charge applies.

In family cases only, the Commission has the power not to require the costs to be paid back immediately, if satisfied that it would cause hardship and that the property was the client's home or money recovered would be used to provide a new home. The Charge will then be registered against the home or new home until it is sold in the future. It will carry interest at 1 per cent over base rate, so most people aim to repay it by instalments.

See www.fjg.co.uk/personal-advice-guides/Leg...egal-aid-charge.aspx


  • Specialdad
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13 Feb 08 #13757 by Specialdad
Reply from Specialdad
When there are children involved there is nothing clean about the break.

He will be liable to CM and possibly SM for quite sometime.

Get the house valued, stay on legal aid as it will come out of equity of the property.

If he doesnt pay CM get the CSA onto him.

If he is absusive get a non molestation order.

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