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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.

On Legal Aid & At Financial Disclosure Stage

  • Palermo
  • Palermo's Avatar Posted by
  • Premium Member
  • Premium Member
28 Apr 12 #327026 by Palermo
Topic started by Palermo
To cut a long story short I''ve been married for 14 years and been alone for 14 years. We have two children and a home in joint names though I pay all the bills. We still live together with our children (aged 13 & 7) as there is nowhere else for us to go. We both work part-time and neither of us have savings.

My soon to be ex wife issued me with a divorce petition last October. She has continually failed to disclose her finances. Her OWN solicitor has warned her if she does not contact them within 2 weeks her file will be closed so I''m guessing she''ll finally have to pull her finger out.

There is over £50K equity in the home. If she does not agree to my request for a 50-50 split what are the courts likely to decide? How long will it take? 2 months have passed since the divorce Nisi was pronounced in court. I want a 50-50 split. I''m desperate to leave the home and start again. I feel trapped and frustrated because I know it''s close to the end??!?!

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
02 May 12 #327834 by Fiona
Reply from Fiona
It''s frustrating living in limbo but if nothing is agreed during court proceedings it can typically take 9-18 months before a judge makes a final ruling.

No one can tell you what a court might rule without knowing the facts but there is no law assets are split 50:50, or at least it is an over simplification of the law.

A good starting point is to consider how everyone is to be housed and research local property prices and mortgage raising capabilities. If there are dependent children living with your wife most of the time she will need a bigger property than you. IF her income is less than your she will be unable to raise the same amount of mortgage as you justify sharing assets more in her favour.

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