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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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Family Home after divorce

  • Adam
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18 Feb 08 #14240 by Adam
Topic started by Adam
Hi - I am in the early stages of the divorce process and one of the latest unwritten proposals from my wife is that she stays in the FMH until my daughter ( now 6 years ) reaches 16 (or 18 if in full time education ) and then I will be entitled to a lump sum .
The FMH is a 4 bed house and will require regular maintenence which I believe that my wife will not be able to afford.
If the above is agreed then I am suspicious that as soon as the divorce is settled she will sell the house and downsize . What steps if any can be taken to have my lump sum when the house is sold rather than wait 10/12 years ?

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18 Feb 08 #14248 by IKNOWNOW
Reply from IKNOWNOW
Hi Adam,

It is my belief that if she did then sell you would be entitled to your share, similarly if she was to co-habit then things would change too.

If it went to court and it was proved that your wife could not afford to maintain a house without substantial spousal maintenance then it may be ordered to be sold, especially as the house is effectively to big for a family of 2.

In the first instance they would look at the needs of your daughter and not wanting to move her but the bigger picture is needed too.

Your wife is likely to get a bigger share of any equity if the split happened now as she has to provide housing for your daughter, but the judge would look at your needs to.

You don't say whether there are any other assets like pensions or shares etc, this would also make a difference on the split of equity.

Post a bit more information if you want, like amount of equity and any pension etc. and I am sure you will get a bit more of a possible likely outcome.

Regards, Sarah

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