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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.

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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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  • can36
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06 Jun 12 #335224 by can36
Topic started by can36
raising a query on behalf of someone else - so please bear with me. said couple are due to get married this year. Male currently owns an expensive property, has a run of the mill car, has an excellent income achieved through exceptionally hard work and as such will have an excellent pension. female has no job, is a lady of leisure and is not from the UK. concern is the future....if she upsticks and say divorce came around, assuming she would be entitled to half of everything that she contributed absolutely nothing to?? Would this stand in court if male could show she wasn''t in this country contributing to anything? also if the property remains in just his name can she take half? and what about personal pensions, when she has never lifted a finger in life for herself - why should she get half said males?? what would your advice be in this situ (no kids) pre-nup of some sort?? Thank you

  • Fiona
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06 Jun 12 #335225 by Fiona
Reply from Fiona
If in doubt the guy should take legal advice about his particular circumstances before getting married.

  • hawaythelads
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06 Jun 12 #335227 by hawaythelads
Reply from hawaythelads

Once he puts his moniker on that marriage certificate he is no longer an individual financially in the eyes of the law.
If he divorces in England or Wales he needs his head testing because in that ass of a legal system half of everything whether acquired during the marriage or before it is up for grabs.
Scottish law is completely different I notice your Scottish flag.
In that only assets acquired during the marriage are divided 50/50.
So if your friend is living in Scotland he has a lot more safety net if divorcing.
Also if your friend does marry his mail order bride in England and Wales she can claim joint lives spousal maintenance if they divorce because she will be a UK resident and English and Welsh law will make him support her ad infinitum if she''s still got no job with the disparity in incomes.
Again in Scotland it''s far better geared to stop ex wives freeloading off the ex by restricting spousal maintenance to being payable for only 3 years.
So basically if he is Scottish he''s got more protection.
If he''s English or Welsh he''ll be destroyed by their divorce laws.
Pre nups are still not acknowledged in English and Welsh law.
Whereas again the Scots have their heads screwed on a lot fairer in that there is yet to be a case in Scotland where one has been overturned.
So again if Scottish far more protection.No protection whatsoever if he divorces in English or Welsh courts.
All the best

  • flowerofscotland
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06 Jun 12 #335373 by flowerofscotland
Reply from flowerofscotland
Hi can36,

In Scotland, all marital assets are taken into consideration from the date of marriage to the date of official separation. It would be well worth him looking into a pre-nuptial agreement, but I would have to agree with Fiona, he needs to take legal advice to protect his interests.

If she has no hidden agenda, then she will not be in a position to refuse a pre-nup!

Take care for now FoS x

  • Hacked Off
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08 Jun 12 #335621 by Hacked Off
Reply from Hacked Off
Speaking from personal experience - in English courts anything is up for grabs.
My ex wife brought nothing to the marriage and contributed nothing in financial terms despite the fact that she was a high earner.
I owned two properties prior to marriage and paid both mortgages. Married less than two years, she had an affair and leaves, and, after the divorce, her hot shot solicitor goes into the family court ''demanding'' £50,000 from me, so ex wife can buy herself a 3 bed luxury flat!! She ''needed'' one, apparently. Although I had a chartered surveyors valuation on my properties, her''team'' had taken inflated valuations from Zoopla (internet based house valuations)! We had been apart 18 months when it got to court, but no one took account that I had continued to pay the mortgage during that time. The whole thing was a complete nightmare. Fortunately, my barrister managed to negotiate her demands down, but the legal bills were horrendous and would have been worse had it gone to a final hearing. Best advice to your mate - dont get married. Final word from my Barrister''s report.....''The marriage was, in effect, a sham and it is obvious that the Wife married the Husband for financial gain.'' Show this post to your friend.

  • hawaythelads
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08 Jun 12 #335628 by hawaythelads
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Hacked off has hit the nail on the head I got to pay the ex harridan £300k for shxgging another bloke for a number of years and then moving another different one into the family home after 3 months of me leaving :blink:
Not bad going £30k a year tax free for a bank clerk who contributed feck all financially and her ideas of parenting is going down the pub 5 times a week without the kids.

All the best
HRH xx

  • stepper
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08 Jun 12 #335632 by stepper
Reply from stepper
I have every admiration for your stoic acceptance of your lot Pete. My son has a similar attitude.

He takes the view that at least he has got his kids and thats all that matters to him. Despite his exes efforts to reduce contact and even stop it altogether, she has been unsuccessful. His kids still love him and nothing will change that.

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