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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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hange of property ownership

  • gfm198
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04 Jun 12 #334978 by gfm198
Topic started by gfm198
Hi

I have two properties in my name, one that I live in with my wife and a buy to let property.

I have been married 6 months. If I were to change the ownership of my properties to my sister and then got a divorce, would my wife have a claim on them?

Thanks in advance

  • hadenoughnow
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04 Jun 12 #334981 by hadenoughnow
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Are you planning to divorce soon? Unless there is a long period of premarital cohabitation and/or children involved, the rule of thumb in a short marriage is that you take out what you put in.

Transferring assets to frustrate a financial settlement is not a good idea. They can be factored in to the marital pot as if they are still in your name.

Hadenoughnow

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04 Jun 12 #334983 by gfm198
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We are expecting our first child.

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04 Jun 12 #334990 by gfm198
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We are expecting our first child!

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05 Jun 12 #335110 by gfm198
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What about if I sold the two properties while the divorce was going through then gambled it all away? Would they still consider I had the money?

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05 Jun 12 #335124 by hadenoughnow
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Yes. Funds that have been dissipated can be factored in as if they still exist.
Rather than trying to work out how to deny a cash settlement to your wife, you would be better off either trying to rescue your marriage or sorting out how you can provide a decent home for her and the child you have made together.

Hadenoughnow

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05 Jun 12 #335135 by gfm198
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But how can you give what you do not have (Or hidden somewhere)? One of the same things!!

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