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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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  • SerieA
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28 Feb 08 #15260 by SerieA
Topic started by SerieA
Hi all, need some advice urgently! Here's the situation:
Separated since April last year (19 year relationship, married for 13 years, he had an affair) living in FMH with son who is 10, have sol. who is proceeding with divorce, arrangement at the beginning was he would pay mortgage which is in his sole name, subsequently he announced on xmas eve that he had stopped paying mortgage in August as CSA were contacted by Income support as i wasn't working at the time. He says he can no longer afford to pay it, as he has a huge tax bill as he hasn't paid any for the last 10 years! He has since bullied me into allowing him to put FMH up for sale in order to stop repossession, which would result in him owing money for a house he no longer owns and so made a threat of declaring himself bancrupt if i didn't give in, the house is on the market for 147,500 with an outstanding mortgage of 117,000 which includes nearly 6,000 arrears from August, he had wanted to put it on the market for 140,000 in order for a quick sale which i have refused, but yesterday had an offer for 142,500, should i accept? or should i take the house of the market until divorce is settled?

My solicitor has said that she can not advise me on this matter as i am receiving Legal Aid and she can only advise on Matrimonial matters, is this correct?

The CSA have ordered him to pay 60.00 pw as he has shown that his income is lower than before and now his net pay is 458.83 per week, He is co-habiting with his lover (Is this taken into account?) in a council property and as i have no idea what his outgoings are except for a loan that he pays 168.00 per month, i have no idea what sort of financial settlement there will be, he has stated that he won't have to pay any SM! as he says that he is willing to give any proceeds that are left from the sale to myself on the understanding that i pay mortgage off including arrears, all fees for estate agents/conveyancer/HIP, also my costs from sol. as he was told in the beginning that we would be seeking costs only from himself and not his lover as we can't prove the adultery.
There is also an oustanding debt of 15,000 (credit/store cards which are in my name but were accrued during our marriage so we are jointly liable, which i am paying at a reduced payment due to the fact that i have an income of 81.25 per week from a part time job, WTC/CTC of 103.00 pw and 18.10 pw CB. Now if i accept this offer on the house i did the sums and it doesnt look good, after paying all of the above in full i would be left with about 5,000 with which i have to find somewhere else for us to live on my earnings alone, now i have placed us on the housing list, i have been told i could be rehoused in a 2 bed flat/house but they wouldn't be able to house me straight away and have suggested that i rent privately until such time as we are housed, or be placed in a hostel away from where we currently live temporarily which would entail me having to pay for storage of my property which isn't cheap! Please help i'm at my wits end with worry and don't seem to be getting anywhere with my sol. we haven't even started mediation although i agreed to this back in Dec. I don't know whether Ancillary relief has been applied for although solicitor has been given all my financial details/documents/form E etc.:(

  • DownButNotOut
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02 Mar 08 #15545 by DownButNotOut
Reply from DownButNotOut
Answers to your Qs:

"had an offer for 142,500, should i accept? or should i take the house of the market until divorce is settled?"

If this offer is within 5k of the value I would consider accepting. But ask your sol if the funds from the sale can be held by the sol instead of going into hands of ex in case he just squanders the cash before your hearing.

"My solicitor has said that she can not advise me on this matter as i am receiving Legal Aid and she can only advise on Matrimonial matters, is this correct?"

I can understand that a sol does not wish to advise on whether or not you should accept an offer to sell your house, it is a bit outside the scope of her work for you.

Why do you say you will only end up with 5k?

By my calculation you get 25k from house, minuse 7k(?) for estate agent/HIP/etc so 18k.

You need to pay 1/2 your credit card debt (7.5k), cos he should pay the other half.

So you end up with 10k.

I dont know much about housing lists etc to be able to comment on that.

But one thought, the credit card, you say you are paying reduced amount ....but has interest been frozen? Cos if it hasnt then the debt could be growing by 2k a year. Go to the CAB and get them to help you freeze the interest on the credit card.....doing this could save you 200 pounds a month. I have a 15k credit card with interest frozen and pay back 50 pounds a month. But at least the whole 50 pounds is going to reduce the debt....not towards interest.

  • rosiegirl
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02 Mar 08 #15548 by rosiegirl
Reply from rosiegirl
I was going to suggest contacting the CAB but notice that DBNO has already done that.

I didn't know you could have the interest on credit card debt frozen? How do you arrange that DB?

  • SerieA
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03 Mar 08 #15620 by SerieA
Reply from SerieA
Thanks DBO, very helpful, in answer as to why only 5,000 left, this is because he wants me to pay all of the debts as he is intending to give whole of proceeds from sale of house to myself, as my solicitor cannot advise me on these matters, i don't know whether i'd still only be expected to pay half the debts if he honours his proposal. This is why i'm tearing my hair out as i don't know what to do for the best.

All the interest on the debts have been frozen on the understanding that these are paid in full on completion and receipt of settlement.

Dare not speak to CAB as last time i mentioned that i had sought advice from them regarding my legal right to be given copies of all correspondence between my extb's solicitor and mine, i was dropped by my solicitor because she felt i wasn't heeding her advice by going to them, had to write a letter apologising and confirming that i wanted her to act on my behalf. (which was a bit galling as i found out that she was no longer acting on my behalf from my extb not her!):blink:

Thanks again.:)

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