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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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  • plankbob
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05 Feb 08 #12929 by plankbob
Topic started by plankbob
My husband has left me we ave just had a baby - he is 3 months old - I am still devestated by his descion but I cant force him to carry on loving me so I suppose I have to get on with it.

I was wondering if anyone might know what I am entitled to and what bills he needs to carry on paying while I live in our jointly owned house with our son and he lives with his parents rent free.

He is still paying half for the mortgage, council tax and insurances but should he be paying half for all my bills too? I am only on maternity pay of £112.75 a week.

Also, before we were married I signed a thing to say if we split up he would get the first 25k of the house sale because he put that down as a deposit but I am not sure if it still stands now I have marital rights? I signed it in my Maiden Name and it wasnt calle da pre nup but not sure if it could still stand in his favour?

I don't even want this divorce but he has just decided he doesnt love me any more and wants out. I am so upset my hormones are all over the place from having a baby 3 months ago.

I also want to keep our dog with me as much as possible but he wants joint custody of the dog as well but I am not sure how that would work. I am so upset that I want to move away from the town so I don't know how it would work if we shared the dog but I love my dog so much I would miss him so much if he wasnt with me.

I don't know what to do any help or advice would be nice. Whatever happens I am having our son but he says he wants to have him 1 or 2 nights a week which I can live with I think even though my little boy is the only thing keeping me going at the moment.

Sorry for the long post.

Sorry meant to add that house has about £55k equity so if the 25k rule was to stand I might only be entiltiled to 15k and jhe said I could have £21k but if I am entilited to 27.5k I would go for it because he has hurt me so much.

  • sexysadie
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05 Feb 08 #12949 by sexysadie
Reply from sexysadie
Oh dear, plankbob, this is awful.

I am sure one of the solicitors in the forum will correct me if I'm wrong, but I don't think the thing you signed is worth the paper you signed on.

You don't say how long you have been married, which does have an effect on how the assets are divided. However, you also have a very young child, and no court will make you and your baby homeless. If your marriage isn't short then it is quite probable that you would be able to stay in the house until your son is eighteen. You are probably also entitled to spouse maintenance, at least for a while. You should see a solicitor (some do a free half hour or a cheap hour, which is worth having if you prepare carefully and write down all the things you need to ask) and apply for interim maintenance for yourself.

Your husband is obliged to provide for your son. CSA rates are 15% of net income for one child, until your son is grown up.

I would think very hard before letting your husband have your son as much as one or two nights a week while he is still so tiny. That is a long time to be away from his main carer. Are you breastfeeding? If so, then you should keep him with you for the moment anyway. I would have thought that a few hours at a time would be quite enough until your son is a year.

It must be so hard for you just now. Your hormones would be all over the place now in any case, and this is just awful. Go and see your health visitor and talk to her or him about it. They are very supportive of mothers in your position and will be able to help you get through and also will know how you can get counselling if you feel you need it.

Best wishes, and good luck,


  • Specialdad
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08 Feb 08 #13310 by Specialdad
Reply from Specialdad
What a callous plonker.

I hope you get all the support you want and though the chances are slim lets hope the courts award you 100% of the equity.

  • citygirllost
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08 Feb 08 #13312 by citygirllost
Reply from citygirllost

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