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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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Financial settlement and remarriage

  • atr79gb
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28 Feb 21 #515935 by atr79gb
Topic started by atr79gb
I have recently divorced my ex wife. Throughout the divorce she refused to discuss or agree to anything related to either child arrangements or finances. Eventually I had to take her to court to get a 50/50 child arrangements order.

mediation for the finances failed and we have had 2 adjourned FDAs. She also refuses to complete her form E. She refuses to agree to anything unless it's completely in her favour (e.g. a mesher order for 12 years and £1500 spousal maintenance per month). I earn £76K per year so believe this would be way beyond my means.
During this time, I have met someone new and wish to marry. I'm aware of the remarriage trap but I put in my application for a financial remedy hearing before I applied for the Decree Absolute.

The issue is that my ex wife would like me to pay her a significant amount of maintenance. She doesn't currently work and has not looked for work since our separation 2.5 years ago.

I'm aware that spousal maintenance ceases on remarriage of the recipient but that isn't the case for the payee.

What would be the implications of remarrying regarding the financial settlement? I think, if nothing else, this could give her a sense of urgency to engage in the finances.

Any thoughts or suggestions welcome.

  • alreid1612
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03 Mar 21 #515971 by alreid1612
Reply from alreid1612
Might be worth having a look through Vaughan v Vaughan 2010 family law for the impact (or not) of a remarriage.

good luck

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