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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.


Advice needed

  • chico1967
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24 Apr 12 #326328 by chico1967
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18 months ago my wife and i seperated, we''d had a few very bad years during which time she''d kicked me out of the family home, i often had to sleep in my work van in a lane as I had no where else to go. Things got so bad my state of mind was suffering, i''d been forced out of the bedroom and made to sleep on the sofa for some months, i was pushed out of my marital home.
Fastforward to now, I have had to rent a house (house share with a mate), All I have been able to retrieve from my old home is my car (which i was forced to pay someone to lift after my now ex wife damaged it, removed the battery and other bits, she''d got herself a new car and no longer needed mine but wouldnt give it back, she told me she was selling parts off it for money), I''ve also got most of my clothes but apart from that she has everything. Our divorce has gone through (she ignored all letters from my solicitor for months then called them claiming she cant read or write), she also refused to attend midiation.
As it stands now, she shares the house with our 2 sons who are 17 and 19, both are in college currently. I do pay for my youngest (the eldest just turned 19) via the csa as she contacted them (although i was paying her an ammount each month). I have had to borrow from family to buy a few bits so I can live in this house share. Both our names are on the mortgage which i was paying, she has paid it since i left (the mortgage is 17 years old). According to the solicitors now we wait until the youngest son reaches a certain age, then the financial side will be sorted, as it stands my ex wife wants a 60/40 split in her favor and she wants half my pension. When would I expect this can finally be sorted?, everyone keeps giving me different advice re ages of my youngest and also what my ex wife would be entitled to.
Many thanks in advance

  • cookie2
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25 Apr 12 #326451 by cookie2
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We would need to know some more information to give advice:
1) Your respective ages
2) Your respective incomes including any benefits
3) House value adn outstanding mortgage amount
4) Pension amounts for you and your wife
5) Any other assets such as savings, shares, valuables
6) Debts such as credit cards, loans, whose name they''re in and what they were for

  • chico1967
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25 Apr 12 #326489 by chico1967
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As i said above the children are 17 and 19, outstanding mortgage of 44k, no other debt. House is worth approx 110k.
Pensions, hers is less than 1k, mines about 10k.
Earnings mine 29k a year, she gets many benefits and works part time, I have no idea of her income.
There are no other assetts

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25 Apr 12 #326492 by cookie2
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In that case I would get the 60/40 split in writing and stamped through the courts as soon as possible, this is a very good outcome for you.

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