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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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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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i am just after some advice please.

  • scared76
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28 Jul 12 #345828 by scared76
Topic started by scared76
My husband left 14 months ago for another woman i have 3 children. we were married for 7 years together for 9. my lawyer and myself have been asking to sort out the financial side since last july. i was made homeless and is on benefits whilst my husband is in the royal navy so has a good job. i have since found out that he has been living with this woman for a year and is now expecting a baby in 6 weeks on my youngest daughters birthday. He has had no contact with his children in 7 months. he was offered every wednesday, every other weekend, one week easter, 2 weeks summer, 1 week oct and alternate christmas''s but wasnt interested.

my questions are

1, i am waiting for a court date for alimony and maintance for one of my children as he refuses to pay for her, does his new fiancee''s earnings and money get taken into consideration as well.

2, my husband brought a house for us to move into 6 months before he left so we wouldnt have to keep living military housing, i wasnt put on the deeds. he is saying i am not entitled to it as he is saying it was a gift even those he pays monthly for it. i am confused as the laws in scotland are strange to me. Am i entitled to it.

3, He brought me a car for my birthday but again put it in his name so took it with him when he left am i entitled to this as well.

my lawyer confuses me. i am waiting for a court date to sort out alimony and contact. i am worried what the outcome will be. so any advice is welcome.

  • rubytuesday
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28 Jul 12 #345836 by rubytuesday
Reply from rubytuesday
To briefly answer your questions:

1 - no, only his income is considered.

2 - A gift from whom and to who? A marital asset is that which is accrued during the marriage, even those that are in sole names. You would be entitled (providing its not a gift/inheritance) to a share of the equity, not the entire house.

3 - Can you prove that the car was a gift to you? If not, the car would be considered to be a marital asset, and you would be entitled to a share of it''s value.

Why does your solicitor confuse you? I know that the legal profession tends to talk in gobblydeggok a lot of the time, but if you don''t understand something, it''s better to asks, then to remain confused and worried.

  • scared76
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28 Jul 12 #345840 by scared76
Reply from scared76
thank u for the reply. its just alot to take in regarding my lawyer and the situation.

i can prove the car was a gift because i kept the card that came with it. it was a joint decision as well at the time we had two cars but we couldnt afford both. so we sold both of them and got a ford fiesta as a family car.

my husband is saying the house was a gift from his parents. even though he pays the repayments on it each month.

i wasnt sure where i stood regarding the situation. i know csa dont take his fiancee''s earnings into consideration but i was told that the court might just cos his outgoings will be less as they are a couple. see where im confused lol.

in all honestly i just want it all over with and sorted so me and my children can say goodbye to the past and look forward to our future. but he has already taken a year refusing to hand in his financial stuff so now it has ended up in court.

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