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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


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  • Fiona
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03 Jul 12 #340931 by Fiona
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If you agree between yourselves a judge is duty bound to ensure the agreement is fair i.e. complies with the law. The court won''t
impose a different order but a judge may not sign off the agreement if it isn''t "fair."

Having said that there is a broad spectrum of what might be deemed fair and the courts aren''t in the habit of rejecting an agreement that spouses have come to themselves, particularly if both parties have taken independent legal advice or at least have had the opportunity.

In any case, if I''ve understood correctly, the property isn''t a resource that is available to you just now anyway and may be treated differently from assets that can be turned into ready cash to meet immediate needs.

  • Margot123
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03 Jul 12 #340935 by Margot123
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It certainly isn’t a resource!! More like a worry!! If my father was to pass away before my stepmother and she stayed in the house - which of course she is entitled to and I would have no problem with that! - I could be liable to pay tax (council tax equivalent + ownership tax, latter doesn’t exist in the UK) on it!! My stepmother would not be obliged to pay them. It’s a big house, in a nice area...and the taxes are equally big!!

We both took legal advice, so that is one good thing

Thank you very much for your help, it definitely is food for thoughts...divorcing amicably and "openly" is the way forward I think...

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07 Jul 12 #341713 by Margot123
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Hi,

Just thought I’d let you know that I saw my ex this morning and he agrees that he has nothing to do with my dad’s house and doesn’t want any part of it, ultimately it is our son’s :cheer:....okay, I might be naive at this stage as the divorce procedure has not even started and I am not sure if his new partner is aware of that decision, but it is a relief for now....if all stays as it is, let’s hope the judge will agree....

Many thanks for your help

Cx

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