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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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Setting up a new home

  • esox11
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06 Jul 12 #341427 by esox11
Topic started by esox11
I separated fro my S2BX wife 9 months ago. At the time i was already renovating a house i own a 50% share in with another family member. At the time of the separation this was not habitable but after some work i moved in 2 months ago.
My question revolves around setting up this new home. Renovation costs where originally met through our joint account utill separation. Some funds continued to be paid to a builder just after separation as the invoices for work carried out / signed up for pre separation where lodged.
After separation i have funded renovation work and setting up home through my earnings and savings as well as paying 50% of mortgage / insurance and endowement fee''s for the FMH. Plus Child support in line with CSA guidelines.
My S2BX''s sol has indicated that form E''s are required to be exchanged soon. we are seeking an amicable solution without the sols getting too involved if poss.
Now... i have no carpets in half the rooms, no tv, no sofa chairs... no fire place... no insulation etc etc. How would i best be funding this... should i raid MY savings pre E form Exchange? Will this not look obvious in the statements required? Will it be frowned upon or is it an acceptable route as she lives in comfort with all "our" furniture and chattles?

Should i get a shift on or hold onto the cash?

  • LittleMrMike
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06 Jul 12 #341452 by LittleMrMike
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For what it might be worth, my view is that it is perfectly legitimate for you to use at least some of your resources to buy essential furniture and carry out decorations and other works needed for your new home, subject to the qualification that the expenditure is reasonable.

LMM

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06 Jul 12 #341466 by esox11
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I would assume carpets, curtains, bed, sofa, getting insulation etc would be reasonable.

  • onedaymaybe
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06 Jul 12 #341469 by onedaymaybe
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Hi

I don''t see how getting the basics you mention could be seen as unreasonable.
If you are both looking to do this without huge sol involement then it sounds as if she wouldn''t be unreasonable about it either?

I would get what you need before the money drys up :)

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06 Jul 12 #341470 by cookie2
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Yes, all those things would be more than reasonable.

If you''re going to come to an amicable agreement and not let the solicitors "get in the way",t hen i wouldn''t worry too much about it. The form E is just so that the solicitors and judge can make sure the deal is roughly fair. If your ex makes an agreement then it more than likely won''t make a jot of difference what is or is not on the form E.

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06 Jul 12 #341481 by esox11
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This is where I get confused. We are going to swap form E. we can then base our own discussions on this. I must admit to have had ignored the situation for a while. Once we swap we will I hope discuss things between ourselves and agree things. At the moment she won''t share her finances with me but..... Just adter separation she removed all my documentation from the FMH including family wills, bank statements etc to payslips etc so has all the information on me. I have no idea if she has squirrelled money away tho I doubt it would amount to much.

At what stage do we have to tell our sold.... This is what we want? She has petitioned 7 months ago then all quiet. Till e form request.

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06 Jul 12 #341484 by cookie2
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You can instruct your solicitor to make an offer at any time you like.

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