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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.


Pension rights

  • Great Dad
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07 Mar 08 #16088 by Great Dad
Topic started by Great Dad
Hi,

Just about to become divorced following 12 years of marriage.

Have been the man carer for the kids for the last 7 years after giving up work and have a couple of lumps of pension of 7 and 8 years with previous employers.I will continue to provide resident care wherever we end up.

My wife has a significant final salary package which she has paid into for 17 years.

The house has modest equity in it and a 50/50 split would be reasonable.

What could I reasonably expect percentage wise from her pension given that my own entitlements are likely to be very limited?

  • TMax
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07 Mar 08 #16102 by TMax
Reply from TMax
Im taking a quick assumption that you are going to looking after the kids when divorce happens, if so then you do not have to vacate the house or sell it untill the children have finished full time education including collage age 19 up to going to Uni. if you are the main parent then your wife may or will have to pay you maintenance untill they are of agebut if you want a full and final settlement where the chance of meeting again isnt needed then put everything thats of value into the big boiling pot, take out debts that are shared not personal debts these may not be taken as joint debts if cant be proven it was used by you both. If stbxw says you had the soul use of all debts you have to prove different, not her prove she never used it. so make sure you haver ALL reciepts and accounts that say where money went.

When all relevant debts are taken out then the share may begin at 50/50, who has kids perhaps at the top 70/30 to the person looking after them, (then of course maintenance for kids.) (last bit siad tongue in cheek as Im not sure how maintenance runs.
Callum

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