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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.

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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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dividing the property and assetts

  • emma6223
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29 Jan 08 #12287 by emma6223
Topic started by emma6223
help, i am currently separated from my husband and have now filed for a divorce. i am living in the home with the 3 kids - i do not own all the property, my kids own 25%, by neice 25% and i own 50%. it isn't straight forward by any means. we sold our previous home and split the equity 50/50, but we moved into what was my mum's home. he spent his share of the previous home on a holiday home abroad, car, etc and i have put my share into the house to do it up to make more money for my kids, my brother's kids and myself. he now wants a share of the home as well as keeping the holiday home, cars and all his pension. any views on this. we were married 17 years and i personally think he is being rather greedy

  • DownButNotOut
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29 Jan 08 #12291 by DownButNotOut
Reply from DownButNotOut
The bad news....

The court will seek to divide fairly the current assets. So if he wasted some of his cash of a car that lost value...whilst you invested in a house that gained value...your assets may now be higher than his and he would have a shout at getting some assets to achieve a fair 50/50 split based on todays value of all the assets.

The good news....

You have the 3 kids living with you and so there is a good chance you could be awarded perhaps 70% of the total current assets.

On balance I would say he has little to no chance of getting awarded any more than he has already had from the original 50/50 split. Also dependent on your salary verses his he could be obliged to pay a hefty amount of maintenance. So...if he wants to gamble with the court he could come out very badly.

  • emma6223
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29 Jan 08 #12297 by emma6223
Reply from emma6223
i told him when we parted that if he left the house alone, then i wouldn't touch the holiday home, his pension or ask for any maintenance. he has now decided he needs cash but won't sell the apartment to raise it and has on numerous occasions said he is moving abroad. he wants everything and will do all necessary to avoid paying maintenance

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