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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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short marriage what happens to matrimonial home?

  • befree2013
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06 Jun 12 #335237 by befree2013
Topic started by befree2013
i have been married for 3 year now. my ex was arrested for domestic abuse a year ago ..i got the occupancy order tat last till September. i have 2 year old child from this marriage... my child lives with me in matrimonial home. what will happen to this property tat i live in?? he pays mortgage. and he filled divorce recently.
will i be able to live in this house until my child turns 18 or finishes study?

  • cookie2
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06 Jun 12 #335272 by cookie2
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This kind of thing all depends on the figures. But the first priority is the child''s welfare. That almost always overrules marriage length. We would need to know more information:

1. Your respective ages
2. Number and ages of all children involved, and how much (overnight) contact you each have
3. Your respective incomes including any benefits
4. House value and outstanding mortgage amount
5. Your respective pensions
6. Any other assets such as savings, shares, cars etc.
7. Any debts or liabilities such as credit cards, loans etc, whose name they''re in, and what they were for

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06 Jun 12 #335277 by befree2013
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hi,
i am 28 year old female. my ex husband is 36 yr old. i have a baby who is now 2 year old.
contact is supervisory one hr in 15 days.
ex works as doctor with nhs earns 4000£.i am jobless on benefits and taking care of my baby.
i dont have any loans. my ex pays mortgage for matrimonial home. i have gold jewellery in possession of my mother in law. they dont want to give it back to me its worth 5000£

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06 Jun 12 #335285 by cookie2
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4. House value and outstanding mortgage amount
5. Your respective pensions

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06 Jun 12 #335296 by befree2013
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house when we bought was 155000£ be got this in year 2010. mortgage left would be 112000£ approx.
out of benefits i get all together 500£ a month. pensions i dont know about that.

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06 Jun 12 #335311 by cookie2
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OK, there is only £40k equity in the house, and he earns £4k a month. I very much doubt he will be walking away with anything. Most likely you will get the house, child maintenance of £600 a month, and spousal maintenance.

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06 Jun 12 #335324 by befree2013
Reply from befree2013
Thank you for your reply. he will still get child contact but supervisory.

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