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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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Help with explaining the Jargon

  • Aria
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17 Jun 12 #337156 by Aria
Topic started by Aria
• It is most unlikely that either spouse will be ‘ awarded ‘ the right to live in the FMH if (s)he cannot afford to do so with the aid of such resources as (s)he has or could acquire. These resources could include borrowing, social security benefits ( especially housing benefit and tax credits ) maintenance ( both child and spousal ) wages and earnings of any description, or other assets which could be used to fund accommodation. This list is not exhaustive, but by now you will have the general idea.

Could someone please explain what the above means in less confusing terms, please.



• If it is clear that one party would be left with a house larger than what (s)he reasonably requires – especially if the other would not.

Also does this mean that the current FMH; a 4bed house would be considered too big for a mother with three children.


Many Thanks

Aria

  • dukey
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17 Jun 12 #337169 by dukey
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• It is most unlikely that either spouse will be ‘ awarded ‘ the right to live in the FMH if (s)he cannot afford to do so with the aid of such resources as (s)he has or could acquire. These resources could include borrowing, social security benefits ( especially housing benefit and tax credits ) maintenance ( both child and spousal ) wages and earnings of any de­script­ion, or other assets which could be used to fund accommodation. This list is not exhaustive, but by now you will have the general idea.

It just means that the husband or wife are unlikely to be able to pay for the FMH alone without assistance, as such its probably going to end up being sold.



• If it is clear that one party would be left with a house larger than what (s)he reasonably requires – especially if the other would not.

Whoever wrote is is saying the house is too big for reasonable needs, i take it a solicitor wrote this.

A four bed house for a mother and three kids does not sound unreasonable depending on the age of the kids, the real problem is the first paragraph suggests neither mother or father can afford to stay in the FMH.

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