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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.


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Multiple properties

  • scrawnyboy
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03 May 12 #328194 by scrawnyboy
Topic started by scrawnyboy
I''ll try to make this as simple as possible.

I purchased a council house when I was 21 on the council right to buy scheme. 7 or so years later met my soon to be ex-wife. We purchased another property after around six months together (I know,I know!). Approx 10-12 months after this she came onto the mortgage for my first house. We got married then separated 18 months later. Her solicitor has suggested she keep the property we purchased together and she gets 50% of the equity of the house I initially bought. So for pretty much zero contribution my ex wife will get 25k and another property with a sitting tenant. Neither of these properties was the marital home. This now means for me that I have to re-mortgage to pay of my ex and because she is settled with our daughter in the midlands I need to also pay rent here. I cant sell the house because my parents live there and financially have been struggling for the past 12 months, hence why I couldnt afford a solicitor (dont qualify for legal aid because they wouldnt take into account my mortgage AND rent. She is divorcing me for unreasonable behaviour and says I was financially irresponsible. However, fails to mention the period of around six months when she was jobless and I supported us both.

I''m at the point now where I''m not even sure I can be bothered fighting it. I left the marriage because I wasnt happy and feel like I''m being punished with no way to answer back. Any advice????

  • somuch2know2
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03 May 12 #328197 by somuch2know2
Reply from somuch2know2
This sounds like a short marriage so you should be able to keep the house you went into the marriage with

How long were you married
how long were you cohabitating before
did you have kids with her?

Who divorces who or why is irrelevant

  • Fiona
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03 May 12 #328227 by Fiona
Reply from Fiona
The usual starting point with a short marriage is that each party takes away what they brought to the marriage. However, the duration of the relationship (marriage + cohabitation before marriage) is only one factor and there are others in the s25 Matrimonial Causes Act 1973 checklist that may need to be taken into account. Needs and/or having a child together tends to overrule short marriage.


A good staring point is to check out the state help either of you might be entitled to so you can work out what your incomes are. Then it is a case of considering how everyone is to be housed adequately, in particular your child. It might help if you go through the figures together with a mediator to see if you can find a way forward that can work for everyone.

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