A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Who decides the percentage of split ?

  • Ladybelle
  • Ladybelle's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
10 Feb 08 #13393 by Ladybelle
Topic started by Ladybelle
I see some people speak of different splits 70 - 30 as opposed to 50 - 50. Who decides on this split ?? What is it based on ? Can some clever person enlighten me please ? ;)

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
10 Feb 08 #13451 by Fiona
Reply from Fiona
The division of assets is based on the s25 Matrimonial Causes Act 1973 criteria. When the marriage was long the object of the exercise is to leave both parties on the same financial footing, although that doesn't necessarily mean an equal 50:50 split. For example, a lower earner wouldn't have the same capacity for raising a mortgage and might require a larger share of capital to leave them in the same position as someone whose income enables them to raise a larger mortgage. Each case is treated separately and open to interpretation. :(

  • Ladybelle
  • Ladybelle's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
11 Feb 08 #13463 by Ladybelle
Reply from Ladybelle
Yes but who decides then ? Us ? or our sols ? Or a court ? Based on the criteria, I would have thought I would get a bigger share ? but my situation is very complicated as you know :(

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
11 Feb 08 #13592 by sexysadie
Reply from sexysadie
Who decides depends on how far it goes. If you can come to an agreement and you have both had legal advice then most courts will rubber stamp it. If you can't come to an agreement then you go to court and the judge will decide. Or you get half way and then come to an agreement based on what your solicitors each advise you is likely to happen or on what the judge at the fdr says she or he would rule if they were presiding over your final hearing.

Basically, if you can't agree, the courts will eventually impose what they think is fair.

Sadie

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11