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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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Financial claim

  • videoman
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26 Feb 08 #15121 by videoman
Topic started by videoman
Hi
Could anyone give me some advice,
My wife of 42yrs has applied to a solicitor for a divorce, although I cannot think on what grounds, (I know she wants money for my daughter) I have had a letter from her solicitor,who say's he will let me know what financial demands she has made.for a settlement
My questions are
1) How long would it take for her to get a divorce ?, if I don't agree, we still live together,
2) Can she force me to sell our house and belongings, ie car motorhome etc.? if so, when would this have to be done?.
3) I have a number of pension policies which will mature in 2yrs, can she claim half ?

We own our house, no mortgage, or any financial depts.also no children.(two over 40)
I'm due to retire in 2 yrs.
I am new to this site, so If you have more advice, or reqiure additional information, please let me know.

  • LittleMrMike
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27 Feb 08 #15200 by LittleMrMike
Reply from LittleMrMike
Oh dear. It's so sad to see such a long marriage break up. That must really be a wrench.

How long does a divorce take ? Well, what usually holds things up are the settlement of issues like children and finances, rather than the actual divorce. It is usually considered necessary to sort out the finances before the Decree Absolute which ends the marriage. So it's not an easy question to answer.

Can the Court force you to sell the house etc ? Yes, they certainly can order a sale of the house and division of the proceeds. But the Court has to look at your housing needs and those of your wife. So the issue of how much equity you have, and where you would both live, is obviously of crucial importance. If for argument's sake there are enough resources to allow both of you to buy accommodation on your own account, a sale is a clear possibility.

As regards other assets like a motorhome, I feel a Court would divide the assets between you rather than order a sale. It's probably better to try and agree how your
possessions are going to be divided rather than fighting it out in Court. The cost of doing that would be disproportionate in most cases.

Your wife definitely can claim against your pension. Does she have any entitlement ?

Really, I don't know enough to offer more than general advice. But go for mediation if you can. In most cases it is much cheaper then dragging the matter through the Courts.

Mike

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