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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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


X2b new home

  • madaboutcars
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15 Feb 08 #13993 by madaboutcars
Topic started by madaboutcars
x2b and i split August 05, she then bought a home with new partner March 07.

When filling in form E, do i have the right to make a financial claim on this property - i.e.Form E(2.2) "any interest in any other property......"

Or because this was purchased after we split, I have no "interest" in it.

  • soulmanuk
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15 Feb 08 #13994 by soulmanuk
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i might be wrong but you dont put it on your form E as it is not your asset but she will have to declare it on hers as an asset which will have to be put into the pot

  • sexysadie
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15 Feb 08 #14000 by sexysadie
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I don't think this is a marital asset if she bought it after you split up. If she used joint money for a deposit I suppose you might have a claim, but not otherwise.

Sadie

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15 Feb 08 #14007 by Vail
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Soulmanuk you are not wrong.

Sadie, if madabout cars and x have split but not divorced (absolute) everything they have an interest goes in the pot. Whether it was acquired after physical separation or not is irrelevant.

There is an argument that assets acquired outside of the marriage through the sole endeavours of one party don't go into the pot, but that guidance seems a bit fuzzy.

I undertsand that a lottery win by an estranged spouse would go into the pot but liabilities incurred recklessly by the parties would not.

I was advised by my solicitor (in the days when I was in a position to pay him) that if I bought a place before absolute, it would go into the common pot. Thankfully, I am blessed with such a lack of surplus funds that such a complication is unlikely to arise.

Madabout cars, it is relevant that your x's housing needs are met by this development and depending on the arrangement she has with her partner it should be reflected in her form E. For example he may be an unscrupulous landlord from whom she is renting a room.

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15 Feb 08 #14017 by madaboutcars
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thankyou for all your replies, i understand now, i think:S

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15 Feb 08 #14036 by dukey
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can i just mention Miller - MacFarlane 2006
N. Mostyn qc high court judge made these comments

property aquired post seperation and aquired "by virtue of thier personal industry and not by use of an asset created during the marriage" may quallify as non-matrimonial and the case will be stronger if 12 months or more have passed since seperation.

does this help or just raise more qestions?

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