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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


what happens next?

  • DONNA5287
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09 Mar 08 #16271 by DONNA5287
Topic started by DONNA5287
Can a woman who only works part time & earns very little money with 2 children - demand that the property shared with her husband is signed over to herself & leave the husband with nothing at all? no equity etc from the house & leave the husband with debt to repay credit card bills & loans etc??? this sounds extremely unfair??? Please help!

I thought that you would have to provide for a specific period of time - but surely you don't have to provide for an ex spouse indefinately??? & you walk away with nothing at all???

  • mike62
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09 Mar 08 #16278 by mike62
Reply from mike62
Donna,
There are lots and lots and lots of different factors involved in how a couple separating deal with their finances.

It depends on the dependant children, how old they are, if they have special needs etc

It also depends on the parent with care - her earnings, her earnings potential, how well she is able to work and care for the children.

It depends on the housing circumstances, the value of the house and the mortgage outstanding, the level of assets from the marriage, the level of debts, whether the debts were personal debts or marital debts.

It depends on the former husband's income, his housing needs, his pension, the length of the marriage.

It also depends on the judge and the relative legal representatives that both parties used to obtain the settlement.

In certain circumstances, it seems that the man doesn't walk away with much more than the clothes he is wearing.

But equally, for every case like that, there are as many that see mothers and children left homeless, unemployed, in poverty and debt, while the former husband enjoys a very comfortable lifestyle.

In order for someone to comment, it is necessary to understand the full circumstances of the case in the context of the factors detailed above.

On the surface it does seem unfair, but its like seeing the tip of an iceberg - there may be a lot more underneath.

If you want someone to give an opinion, post up those details, or feed them into the wikivorce calculator:

www.wikivorce.com/divorce/Divorce-Calculator-Start.html

Best of luck,
Mike

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