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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.


house split

  • arty123
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23 Apr 12 #325985 by arty123
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hi, i have quite a unique situation that i have not heard anyone talk about before. i will try to keep it brief if anyone can help or shed abit of light on it id be grateful, was married for 10 years, we have 2 children 8 and 9, wife at the time had an affair and moved me out of house, i took nothing.we had a joint morgage. after a few months new fella moved in with her. i expressed i didnt want this to happen as i wanted to sort the financial matters first, ie: house split, but he moved in anyway.they had a baby together. she does not work her new partner works full time. i pay maintenance and see children regularly. 2 years on i have met a new partner, i live in her home morgaged by her only, we both work. i was keen to sort the house out i have with my ex wife so myself and my new partner could convert our loft for my 2 children as we only have a 2 bedroomed house and my new partner has a child of her own. my solicitor recommended mediation, we tried to get my ex to do mediation but she kept making excuses for 8 months until i filed to courts as a last resort, then she was suddenly keen to do mediation,we both had to fill in a financial order saying what our income etc... was, we have a court date soon and since getting this court date she has now said she is single! she turned up to mediation saying she was no longer with her partner and she had no money to give me as she doesnt work, her partner has moved back into his old flat but we have proof they are still together and he is at her home regularly.i have refused anymore mediation as i feel she is not being honest and i have to pay for mediation as i work.she is now conveniently claiming as a single person, can she get away with this? this is clearly a case of trying to get out of paying anyone, ie ,me, solicitor,courts, im infuriated with this immature behaviour, do i stand a chance of ever getting what im entitled to and be able move on? i wouldnt care, the money im entitled to is not a fortune! 30k max!!

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23 Apr 12 #326003 by cookie2
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arty123 wrote:

the money im entitled to is not a fortune! 30k max!!

On what grounds do you feel you are "entitled" to it?

Marital assets are divided according to section 25 of the marital causes act 1975. Despite what many people think, there isn''t really such a thing as "entitled".

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23 Apr 12 #326024 by arty123
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on the grounds of being "married" for 10 years, investing my life into a marriage to walk away with nothing surely doesnt seem fair? i left with my children in mind and didnt take athing with me, had to get into debt to house myself and my children when i have access, entitled seems a fair word to use when i invested into the marital home jointly?

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23 Apr 12 #326027 by arty123
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i hoped this site might be able to help with my situation or shed some positive light, i used the word "entitled" as a way of showing my frustration that as a father who DOES pay maintenance, who DOES see my children regularly and who DOES work feels that i cant move on and make a better home for my children because it seems that from your comment she will probably get everything and i will probably have to get into more debt to get our loft converted for my children when i have access, wheres the justice in that?? is that what your advice is suggesting??

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23 Apr 12 #326029 by MrsMathsisfun
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My partners ex also think she is ''''entitled'''' to more even though all the assets have been split according the marital cause Act 1975. She agreed to the asset split but has now changed her mind and wont sign the Consent Order.

The reason she gives why is entitled to more is because my partner met me 6 months after the marriage ended (due to her affair) and I have a good job.

We cant move on with our lives because she would try and claim sm based on the fact I would be paying half of the household bills.

We are in limbo and its causing lots of stress.

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23 Apr 12 #326032 by WhiteRose
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Hi Arty & welcome to wiki!

Its hard to prove co-habitation :(as things were you both had partners and were cohabiting, this may not have affected the split of the marital pot, but it may affect your ex claim for SM.

mediation can not work if you suspect one party is not being honest.

However going to Court could be expensive and neither of you could be happy with the outcome.

You have exchanged full financial disclosure - has there been any offers from either of you?

The financial split is decided on a needs basis (rather than entitlement - I think that word makes some people bristle :unsure:) priority is to home the children - that is the first ''need''.

I don''t know how it works as she is unable to work because of the age of their child (I''m assuming?) - is he paying CM to her - was this disclosed in the financial disclosure?

You are divorced?

If you want to know what split may be decided, we''ll need a bit of info:


Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.


WR

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23 Apr 12 #326033 by arty123
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i feel i am being reasonable in just wanting closure, and some sort of compensation for being turned out of my own home and having to start again, some people are just greedy, theres a difference to greed and what i feel "entitlement" means. you just have to try and not let it come between you and ur new partner which can be hard sometimes. good luck

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