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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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Right to Buy

  • JoJoBeBe
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25 Feb 08 #14988 by JoJoBeBe
Topic started by JoJoBeBe
I am currently in the process exchanging form E with my husbands solicitors. I wondered if the fact that when I married my husband I had accrued 19 years discount (as I had been a council tenant paying rent) enabling us to buy the property I lived in with my three children under the Right to Buy scheme at a substantial discount.

Does this count as "a deposit". Also the house was fully furnished and therefore he made no significant contribution to setting up the "family home".

  • LittleMrMike
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27 Feb 08 #15203 by LittleMrMike
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Would you mind letting me know how long you have been married ?

The point you raise is interesting but I think you can say that, as a general rule, the longer the marriage, the issue of who originally provided what becomes of less importance.
In a recent case, L v L, a big money case, a wealthy husband had provided the cash, but the house was split 50/50.

What could be more helpful to you is children ; are any of them still dependent and what are their ages ? Point being that the childrens' need for a home is always a paramount consideration.

Mike

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27 Feb 08 #15208 by attilladahun
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One of the s 25 factors in "contributions" -it could be said it was your contribution but in practice it will make little difference

Mike's point about the length of marriage is pertinent

Many cases of modest proportions are determined on the parties "needs"

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28 Feb 08 #15241 by JoJoBeBe
Reply from JoJoBeBe
Hi Mike

We have been married 13 years, there are no children involved. My point is that he made no contribution to setting up the family home and had I not been in a position to buy under the scheme with him, then we would still be in a council house.

We are divorcing on the grounds of unreasonable behaviour after he assaulted me (not for the first time) and was found guilty last year.

He also has assets that he has not disclosed on his form and my solicitor has requested that he provides a valuation for these - what happens if he doesnt provide the valuation or they are "valued" lower than their worth?

JoJo

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28 Feb 08 #15242 by JoJoBeBe
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HI

Please see my answer to Mike's question. What are your views on this?

JoJo

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28 Feb 08 #15313 by dukey
Reply from dukey
Hello agian

Mikes right it wont make any differance 13 years the starting piont will be 50/50 if his form E is incomplete and not "full frank and honest" and does not provide the imformation required tell the dj at the hearing he will then ask for the imformation lieing to the dj is not a good idea.

dukey

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29 Feb 08 #15384 by JoJoBeBe
Reply from JoJoBeBe
Hi Dukey

Thanks for all your help.

JOJO

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