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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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Maintenance

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10 Oct 12 #360159 by 24254162kgh@gmail.com
Topic started by 24254162kgh@gmail.com
My wife is Divorcing me on grounds of Unreasonable Behavior as I suffer from Mental Health problems PTSD amongst other things.
Wife works full time and I am unable to work. Wife has all assets circa £38,500 and I have nothing.Should I go to court for share of Marital assets/ maintenance? No Children of the marriage.

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10 Oct 12 #360164 by WYSPECIAL
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Yes.

Assets are as much yours as hers regardless of whose name they are in.

You may also be entitled to spousal maintenance depending on each of your circumstances.

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10 Oct 12 #360169 by sulkypants
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Duration of marriage is relevant and what each party brought to it. the value prior to marriage may be important if it was long or short. Pension pots cars etc.

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10 Oct 12 #360199 by 24254162kgh@gmail.com
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Thanks for responding. I have been notified by my wife that she has given our car to her son and is selling other assets. I cannot afford a solicitor so I cannot stop her Disposing of marital assets. Her son now has the Landrover and she has put up our Goldwing Motorcycle for sale to realise the money. I am helpless as I live on my low army pension.

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10 Oct 12 #360202 by LittleMrMike
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I''m afraid it is just not possible to answer this question.

For a start, one would look at your health situation and how it affects or or might do so in the future.

In particular there is the question of where you live. I don''t recognise the PTSD and perhaps you might care to elaborate further. Does the nature of your disability mean you need specialist housing ?

Does it prevent you from earning ?

These are serious practical questions to which I would need to know the answers. Because, when it comes to maintenance, it boils down to a question of what your needs are, and whether it would be reasonable to expect your wife to contribute to those needs. She can only be required to pay what she can afford, so without knowing her income, it is simply not possible even to guess.

You also need to consider the issue of disability related benefits. If you cannot work, then benefits are obviously very significant.

If, as a start, you care to share with me what PTSD is and how it affects you I might be a little more intelligent.

LMM

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10 Oct 12 #360204 by sulkypants
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How long were you married and what assets did each party bring into the marriage?

What are your respective incomes?

Your ages?

These are important factors.

PTSD does not prevent everyone from working, forever, is there a possibility at some stage you may be able to seek some kind of employment even if it was in a sheltered workplace just to give your life some structure?

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10 Oct 12 #360209 by 24254162kgh@gmail.com
Reply from 24254162kgh@gmail.com
Hi,Wife 55 me 56 long term PTSD and health conditions. War Disability pensioner 50% disabled.Unable to work. Live in sheltered acommodation now.
My wifes income £1150 my income from pension £672 month
Wife had pension pot of £13000 when we married,this now worth £22000 no other assets at marriage

Married 9years 4 month
No children

Wife has all assets, including 2 Cars and 1 motorcycle total value £13500 and ALL contents of marital home.Jewellery valued at £4000

No property involved

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