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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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how much does she deserve?

  • ilapak
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05 Feb 08 #12963 by ilapak
Topic started by ilapak
Let me explain, Dad with 2 girls 11 & 12, married 11 years divorcing partner with drink problem. I work full time, look after the girls full time 7days a week 52 weeks a year as girls will not see mum. With this in mind , with no support from Mum and 20% of no income still equals no financial support where do I come to a settlement figure through mediation.
Will this lack of support and financial assistance play any bearing on the final figures????
For info there is around £200 K in the pot but this would mean selling the familly home which i am loathed to do at this point as this is the girls home .

  • loobyloo
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06 Feb 08 #12986 by loobyloo
Reply from loobyloo
Is your x2b on benefits? If so the hallowed CSA!!! should kick in
Also you should be able to stay in mh with children(as long as its not a 10 bed mansion!!)
Are the courts dealing with finances?
I really wouldnt worry, also are all involved aware of the "drink problem"... its really sad a young mum not seeing her kids , is she seeking help or in denial?
You can claim tax credits and pressume you get the chb
hope you get some framework to all this as you seem all over the place
take care

  • attilladahun
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06 Feb 08 #12995 by attilladahun
Reply from attilladahun
Why isn't she working?
If she makes no reasonable effort the Court can theoretically estimate this and what she should be contributing could be capitalised and taken into account in capital matters=there is precedent for this- the court basically says well if she refuses to work we will get her contribution from her other resources ie equity.

Probably won't amount to huge sum though.

You don't give figures for incomes FMH value and mortgage which is vital

"Need" is going to be important here for her....what are her housing needs
Can they be met by you raising a further advance to buy her a flat say 2 beds so C can stay ultimately if possible.

Where is she living now?

FMH will only be sold at very last resort and even then Court may have grave reservations if W going to drink herself to death

How bad is the drink problem -is it life threatening -if so pushing far a divorce may not be best long term solution.

Is she renting a flat with housing benefit??

If there is a dispute it is more likely than not to be about money. In fact, the relevant principles are set out in Section 25 of the Matrimonial Causes Act 1973 which, essentially, reads:-

"25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."

  • ilapak
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06 Feb 08 #13060 by ilapak
Reply from ilapak
Thanks for responses,
I thought i was finding my way through the maze ok .
She is not working, on incapacity.On benefit in a flat.
Being treated but going nowhere.
I receive chb.
Married 11 years.
My line of thought is that i can stay in the home as i am paying the full motgage and all bills. Need the 4 bedrooms as this allow me to carry on working and have a live in childminder when required if i am away with work.
I also feel as though i can push for the concept that if no support is forthcoming then this is to be taken into account through the equity.Also that i will not sell property or make provision for ex until the children leave home.
Another school of thought advised by the sol is that no money to be made available as she would be liable to blow this in an innapropriate manor and this money is not only hers but the famillies.
Sols advice was to do nothing and wait until she tries to take me to court, but in doing this i carry on not knowing what the final outcome will be.

  • Elle
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06 Feb 08 #13067 by Elle
Reply from Elle
My husband was in a similar position to you 8 yrs ago ...difference is that i ran a battered mess...put myself thru uni and did evertyhing i could to see my kids whilst he was in FH and provided them with another mum.....my x paid all the bills....£75.00 a month mortgage, all utilities, dropped the policy and insurance payments whilst I paid rent, csa assessment and uni fees....
my point......no 2 situs the same....keep a record of all outgoings, income etc....you are providing stability for your children who must be hurting dearly.....take time and listen toas many before you make any decisions
I wish you well

  • markp
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06 Feb 08 #13073 by markp
Reply from markp
hi i'm in a similar situation but with just one child living with me and my s2bx is living with new bloke my solicitor as told me to go into mediation aiming to get 70% of equity and cm.

  • Josh2008
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06 Feb 08 #13084 by Josh2008
Reply from Josh2008
Take solicitors advice and wait to see if she takes any court action, unless you are seeking immediate closure, in that case move fast.

It is very unlikely she will pursue all the way unless she gets legally aided.

Read the MCA Act 1973 chapter 18


See paragraph 25 onwards

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