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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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Needs based cases - ''a costs order by back door''

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16 Apr 12 #324223 by somuch2know2
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''In needs-­base­d cases it is common for the court to make provision for one party even if this is to the detriment of the other party. An example of this is with the above example of the wife needing £10k perhaps to provide a home for herself and the parties'' children. If there was only £15k in the matrimonial pot, the court may well give her all of the money to allow her the £19k she needs plus the £5k to pay off the costs.

This is what we would call "a costs order by the back door". It''s unfair but that is the situation a lot of people face as a lot of people can only afford to get onto the housing ladder whether purchasing with another party - usually a spouse but, more frequently these days, a parent.'' - Thanks for this Charles

I started a new thread as this is very interesting.

What defines "need based"?

A 4 bed can be provided for 230-250
she has mortgage capability of 120K
A deposit of 200K (if I get the 70K I am pushing for)
Liabilities of 30K (including legal)

Would she be able to file for costs based on the infor above?

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16 Apr 12 #324229 by cookie2
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Needs based means that the judgement is made based on the needs of one of the parties. Usually it is relevant when one party has the majority of the assets/income and the other has significantly lower. Such as in the example you quote, if the wife has no income and needs £10k cash in her hand to buy a new house, if she also has £5k solicitor bill to pay, then she would need a total of £15k to pay off the debts and be re-housed.

It''s not actually a "costs order" and is not officially filed for, since a costs order is very rare and only granted in exceptional circumstances. It is simply the wife saying "I need £X to re-house". That figure X is required to pay off her debts/costs and buy the house.

I say "wife" because it is usually the wife who has less assets and income and is the PWC therefore has the greater "needs", but it can of course be the husband too.

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16 Apr 12 #324231 by somuch2know2
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Should I just assume this is going to be landed on me then?

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16 Apr 12 #324241 by cookie2
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No, you should never assume anything, no 2 cases are the same. It all depends on the figures.

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