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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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Fed up

  • Lost101
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01 Mar 08 #15455 by Lost101
Topic started by Lost101
Hello,

Erm when I was 18 i got married to someone living in India. He has come here now and we have been living as a married couple for the last 3 years. I was working at the time and put a £40,000 deposit for the home in which we are currently living and am the sole homeowner. I went back to studying a couple of years ago and he has been paying the mortgage, with some help from my part time job.

Our marriage has broken down and I have asked him to leave but he refuses to do. He has never physically hurt me but he often threatens that he will hurt me and is always verbally abusive. I'm just v tired and fed up. I'm scared to come home in the evenings and try and stay at my uni till they close). I am depressed beyond belief and i have exams coming up which is making me even more anxious and stressed.

I don't want to leave this home because its my home and it means everything to me... and also because I have nowhere else to go. I can't seem to find a way out and feel so trapped.

If we apply for a divorce will it be a straight 50/50 split even though i've put a 30% deposit on the place.. and is there anything i can do in the meantime to make him leave??

  • JAYNEY
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01 Mar 08 #15457 by JAYNEY
Reply from JAYNEY
try to keep sane! Invite friends home after work, cook for them but most of all STAY I know its hard but its the home you want and worked for. Get legal advice, file for divorce and get 'mediation' you do have to get him to attend with but its less costly than working only with solicitor (my expensive experience) Try to concentrate on those exams, you need them. He would love you to fail and it would be demoralising for you. But just remember if studing IS too much at moment, there is always next year when you will be clearer regarding path you take. Keep using forums. Say what you feel. You are NOT alone.

  • sexysadie
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01 Mar 08 #15465 by sexysadie
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If he is threatening you and you are frightened, you may be able to get an occupancy order. Go and see a solicitor. You should also ring the domestic violence unit of your local police and explain the situation so that if he does actually hit you they will take it seriously if you have to ring 999.

You may also be able to get a bit more than 50% if you have only been living as husband and wife for three years, though I don't know how marriages where you start off living separately are treated in the courts in terms of how long they are considered to be.

Sadie

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01 Mar 08 #15477 by Fiona
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Just a thought, but if you were married in India it is possible to have a religious marriage without it being registered legally which means it wouldn't be recognised in the UK and therefore you wouldn't need to divorce.

Otherwise with a short marriage and no children the aim would be for each party to retain the assets they brought to the marriage and divide the assets accrued during the marriage on an equal basis.

In addition to the good advice above some universities have excellent student counselling services.

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