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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.


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Would a judge make us remortgage?

  • April15
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14 Mar 08 #16763 by April15
Topic started by April15
My partners split was initially amicable. They sold the family home (they have no children) She earns about 20k he earns about 50k. They didnt see a solicitor but my partner gave her an extra 20k equity from the family home and a sports car woth £8,000. She bought a lovely luxury apartment and has a mortgage of around 60k. My partner bought a three story house with a mortgage of 160k. He met me about a month later we moved in a year later and I have a child of 9 and only do voluntary work. She decided she wanted him back he rejected her so now its hell hath no fury. She went to a solicitor there is a clear difference in pension so my partner is offering a pension transfer but full disclosure showed she can manage well. She now is saying she also wants another 20k on top. Its going to court as we would have to raise this on the mortgage and my partners solicitor says she thinks pension is all she will be awarded as she had extra equity.Would a judge ever ask us to get into more debt by raising this money??

  • LittleMrMike
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14 Mar 08 #16782 by LittleMrMike
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On the basis of what you say, I think probably not.

It looks to me you didn't get a Consent Order when your partner's marriage broke up and the result, as you now know, is that she can come back later and ask for more. Whatever you do you need to settle it this time once and for all ; but your solicitor has probably told you that.

My inclination, and you must bear in mind I'm no specialist in this field, is that your solicitor's view is correct.
The ace in your hand is the fact that you have a dependent child and she is already comfortably housed . I think a judge would probably say that ordering you to pay more would disadvantage the child.

Mike 100468

  • April15
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14 Mar 08 #16789 by April15
Reply from April15
Thanks Mike that has put my mind a bit more at ease.

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16 Mar 08 #16928 by April15
Reply from April15
Further developments and it look like my partner may be made redundant. He should get about 43k but the worry is he works in the financial sector and recruitment companies have advised him that at the moment financial sector is cutting back due to instability of the market. How would this affect us when going to court if he is unemployed will they try to claim some of his redundancy?

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