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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.


Spousal maintenance

  • Ukellie
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30 Jul 12 #346097 by Ukellie
Topic started by Ukellie
Advice please

I am going through the financial settlement - no agreement as yet!!

My solicitor has advised that I can go to court for SM my situation is married for 19 years STBX earns approx £1800 a month more than I do my life style has significantly dropped since our separation (due to his adultery)

Can anyone advise how Likely I am to get SM there are no children don''t want to go to court to loose the case, my confidence etc couldn''t cope with loosing so need to be sure it''s the right thing to do. I understand it''s quite subjective and depends on the judge but I thought there might be some principles to maintenance being granted??????
He has refused via solicitors to give me anything I am just about surveying with approx £60 a week to live on after bills and work fuel

Advice appreciated

  • somuch2know2
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30 Jul 12 #346099 by somuch2know2
Reply from somuch2know2
I may as well beat everyone to asking you the standard questions in which someone can help you.

How old are you?
How old is your husband?
How much equity is in the house?
Pensions?
Do you work?
any other assets?

Adultery and other reasons why mean nothing in judges.

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30 Jul 12 #346100 by Ukellie
Reply from Ukellie
How old are you? 51
How old is your husband? 54
How much equity is in the house? Approx £160k
Pensions? Yes his is about £166k bigger than mine
Do you work? Yes
any other assets? No

I am only wanting interim maintenance until the settlement I understand a Clean Break is the preferred option

  • hadenoughnow
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30 Jul 12 #346101 by hadenoughnow
Reply from hadenoughnow
Are you both still living in the house? Who is paying the mortgage?

As far as settlement goes, that will be based on need. You each need a one bed place. How much would that cost to buy? The size of mortgage you can each raise will also be a factor. I would expect a pension share in thus case as well or more equity going to you. Tbh pension share is the better option.

Hadenoughnow

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30 Jul 12 #346103 by Ukellie
Reply from Ukellie
He has gone renting a place but spends most of his time with other women I think he has been advised not to give up the flat!!!!

He wants me to take on the property I am currently asking for pension share as well

It''s just whilst it''s being negotiated should I apply for SM he is continuing his lavish lifestyle ie 3 European holidays in 7 mths 4 breaks in London etc etc

Thanks

  • dukey
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30 Jul 12 #346105 by dukey
Reply from dukey
What do you earn net per month and the same for him.

  • Ukellie
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30 Jul 12 #346107 by Ukellie
Reply from Ukellie
I earn approx £2500 he earns aoprox £4300

We are paying jmortgage £2670 = £1366 each per month it only has 3.5 years to run

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