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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.


Property in another country

  • Miky
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16 Feb 08 #14092 by Miky
Topic started by Miky
Hi,
My partner has a property in his motherland partly which come from his parents, but while he was in the marriage he has bought piece of land next door and also demolished the previous family house and buildup the new.
His ex been very unfaire asking more than 50% things from here and also a portion of that as well. They both are domisile here.
She probably can ask anything but can she get a judgment regarding a property in another country.(different juridiction)

  • Fiona
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16 Feb 08 #14124 by Fiona
Reply from Fiona
All the his/her/joint assets (including pensions and property abroad) minus debts form the matrimonial 'pot' to be shared. There are seven factors to be taken into consideration, in addition to the welfare of any children, when determining how the assets are divided.

Depending on all the circumstances of the case asking for more than 50% isn't necessarily unfair. For example, if one party earns more they can raise more mortgage to buy a property and the other party may require a larger share of capital to be left on the same footing.

It is possible to enforce a financial settlement in many countries, although the value of the property abroad could be offset against another asset here in the UK.

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