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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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Ex retaining my Equity Share

  • GotStuffedAtCourt
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14 Jun 12 #336725 by GotStuffedAtCourt
Topic started by GotStuffedAtCourt
Hi All,

I was divorced just over a year ago. The sale of the marital house was completed about 2weeks ago. The house was given to my Ex Wife with a 40% share of net equity upon sale being given to me.
Equity upon Completion was about 20k.
I am entitled to 8k.
My Ex has said she is only giving me 5k of the money because I owe her other money. I dispute this other money claim.
I have a little legal knowledge and I understand that the precedent in Contract law of Pinnels Case 1602, i.e. part payment of a debt is not valid consideration for a promise to forebear the balance.
Can someone advise me if this case can be used in my situation, I am not sure if Contract Law is valid in my situation.

Cheers

Matt

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14 Jun 12 #336728 by cookie2
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It''s not necessary to go into case law, that will just make what is quite a simple situation, way more complicated than it needs to be. The figures you''re talking about are not worth it.

Why does she think you owe her £3k? Is there anything in writing for this?

If not, you can write to her, saying that if she does not give you the full £8k as stated in the court order then you will take court action for enforcement of the order and you will be seeking a costs claim for doing so.

But really I think a lot of this hinges on why she thinks you owe her £3k.

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14 Jun 12 #336731 by GotStuffedAtCourt
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The 3k was for child maintenance which was unpaid, but that was because I lost my job and was out of work for a period of time. I did however promise to pay that all back as soon as I could.

M

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14 Jun 12 #336734 by cookie2
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Was this child maintenance done on a voluntary basis, was it specified in the CO or was it through the CSA? Would this £3k be a legally enforceable back-payment?

And if you promised to pay it back when you could, are you now wanting to break that promise? I''m not judging, just asking, so we''re on the same page.

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14 Jun 12 #336735 by sillywoman
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Playing devil''s advocate here, if you promised to pay her the £3000, do you think you could pay her it out of the £8000?

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14 Jun 12 #336736 by maisymoos
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Was the child maintenance a privately agreed arrangement or an assessment made by the CSA?

If you said you would repay it I suppose she sees this as her opportunity to enforce the repayment due to her.

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14 Jun 12 #336737 by GotStuffedAtCourt
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Hi Cookie,

the agreement was a CO and is enforceable. I am a man of my word and I promised I would pay her that money and I have every intention to do so. My old job paid me 40% more than my current job so money is very tight, The money would have reduced my debts considerably and I would then have more money each money to start paying back the back payments missed.

Missy moo,
i would but i was given 55k of debts she got none of it. :-(so I now have to struggle to live while she is off buying a new car. I wouldnt be too angry with her but she hardly spends the money on the children. Only on her drinking and steak or dover sole meals and spa days while the children get maingy pizza and chips. Makes me so sad that she isnt treating the children fairly.

M

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