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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 help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Spouse maintenance

  • revenge
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21 May 12 #331935 by revenge
Topic started by revenge
Hi I''ve seen a couple of solicitors for advice,and they said I would be entitled for sm but don''t know how long for. Married 22 years husband worked away from home. I''m 52 he 45. He earns over £10k a month in his business, which is solely his income, I am a 45% shareholder and director purely for tax reasons. He gets a armed forces pension now and his CETV is £297k. He wants to divide by keeping 5 years of what he paid before we married. Also wants me off the business from when he left the marriage a year ago. (moved in with aw but apparently didn''t have an affair) I did a little bit of work self employed 8 years ago for a bit of pocket money. we have done a couple of renovating projects so I have been around to oversee all the work. Financially nothing has changed since he left I''m still in MH he wants to sell( a lot of equity in it). He pays all the bills and we still have joint account and cc. I found out he has transferred a 5 figure sum from the business bank account don''t know why. He has had 6 weeks holidays abroad in the last 12 months and numerous weekends away no doubt he''s paid for them. We don''t have any children. He told me I would have to go out and get a job. He has said about a 50/50 split on our savings and other assets,but its the sm I''m worried about we had a good life together and I dont want to have to start work at 52 for minimum wage while he has the luxury life that we have both worked hard for. I feel I need to file for divorce to sort the finances out, although this is not what I want, I still love my husband very much, although I don''t like what he did, he has always been a very good husband and a nice man, yet he talks very unemotionally to me as if I were someone he used to know, very painful. Also a solicitor was recommended to me by several people, but there was something about him I didn''t feel comfortable about, think he was giving me the worst case scenario. Had another recommendation from a friend of a female solicitor who was trained by a good local barrister, I felt comfortable with her, I don''t know who to choose.

  • Hamilton1
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21 May 12 #331951 by Hamilton1
Reply from Hamilton1
Choose who you are most comfortable with and the person that you have most faith and trust in.

  • LittleMrMike
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21 May 12 #331961 by LittleMrMike
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Hmmmm - yes, difficult. I would have said that you would almost certainly get spousal maintenance, either for joint lives or, perhaps more realistically, if there is a pension split ( which on these figures looks highly likely ) then the SM would be cancelled or reduced to a nominal sum when the pension kicks in.
What I find hard to predict is whether you would be expected to go out to work, even part time. Yours is a long marriage, but we are being told these days that we all have to work for longer.
As the previous poster has told you, whether you feel comfortable with your lawyer is always important and you certainly shouldn''t instruct a lawyer if you are definitely not comfortable with him/her.
Other considerations would be
Personal recommendations
Cost ( obviously ) and how you might finance any proceedings ;
It can sometimes be a help if you can instruct a solicitor who practises in your local courts and is aware of the preferences of the local judges.
Anyway, good luck to you ; I know it is always sad when a long marriage breaks up and I know I would be.
LMM

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