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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.


Protection of finances accrued during separation

  • chr1s99
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25 May 12 #332855 by chr1s99
Topic started by chr1s99
Hi,

My wife and I have just separated & I understand we can form a Separation Agreement to split our existing assets until the divorce comes through.

My question is that if I save additional monies within the two year period before we divorce, or if I use this additional money to move home within this period, is my wife entitled to a share of this? She has advised she is happy to sign the current property over to me & we are to split our existing savings 50/50.

Can I legally protect myself from any additional wealth gained during this two year period?

Any guidance on this would be appreciated.

Kind regards,
Chris

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25 May 12 #332879 by cookie2
Reply from cookie2
A Separation Agreement is really a bad idea. Waiting 2 years to divorce is a bad idea also, for precisely the reasons you mention.

Best advice is that, if the marriage is over, you should get a divorce and a Consent Order sooner rather than later.

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25 May 12 #332901 by WYSPECIAL
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A separation order isn''t legally binding.

At best, if you went for full disclosure and both had legal advice, a court may see it as persuasive if either of you later changed your minds but they wouldn''t be bound by it.

If there isn''t a Consent Order either party can come back to make a claim at any time.

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