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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.

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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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Trying to keep a roof over my head

  • amefbi
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01 Aug 12 #346606 by amefbi
Topic started by amefbi
No agreement on paper as yet but we both decided.
He keeps his pension and I keep the house.

Husband(61)employed 45K and 12K pension pyear. pension sharing not much worth to me, No lumpsum available,he is receiving payments since 2007, without my knowledge.

Im 58,cant work,no income since 2006, but want to keep the house.
I am well informed after reading all the posts on forum about mortgages and pensions.

Mortgage joint names,No equity to share if sold now, husband has no interest what happens with the house.

My question is:
I will defo not qualify for mortgage on my own and will have to claim benifits. And I have no other options as to claim SM for survival on my own.
Even is SM is only £100 per week,thats ridiculous as he earns £1000 per week. It will be more than ''pension sharing'' he currently has.

How do I convince him that he will have to stay on Mortgage and he can have his share when I die, or sell the house at later stage.

Our Financial issues is only Pension, House and SM. Agreed he keeps pension, I keep House.
Currently we are still fighting and cannot agree yet because I want to claim SM and he would rather die than give me a pennie

He wants to move out and only prepared to pay mortgage for 6mths then Im on my own and its my problem then.

  • hawaythelads
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01 Aug 12 #346610 by hawaythelads
Reply from hawaythelads
If your husband is earning £45k a year and you are 60 why is there no equity in the house.

You are entitled to half his pension.
Half the equity in the house.
Half of any savings/endowments.
I would estimate spousal maintenance of probably 20% of his take home too.

You need to claim everything.

All the best
HRH xx

  • somuch2know2
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01 Aug 12 #346617 by somuch2know2
Reply from somuch2know2
Usually I am anti-SM but you are exactly the case that should rightfully be claiming (IMO)

You do need to claim for everything- but get your figures right. If he is earning 45K a year than he is only bringing home 2,700 which is 629pm/ not 1,000

I also wonder why there is no equity in the house? And if there is still a mortgage perhaps its better to downsize.

  • amefbi
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01 Aug 12 #346634 by amefbi
Reply from amefbi
Only been in UK since 2003. Mortgage since 2005. Time left about 11yrs on Mortgage.

He has been immature, irresponsible, ruined both our lives now.In 2006 I became dissabled and changed all direct debits to his account to pay as I could not work anymore.
He became sneaky and sly and I found out to late. We have now lost all endowment and life policies. Taken his Pension 5yrs ago while still earning this salary. Spend lumpsum £90,000, on himself, only receiving about 10K-12K every year. Pension shareing or whatever will give me 5K per year. Thats why I feel he can keep his f*** pension and I will keep the House then.
He has withdrawn savings in 4 accounts over period to nil balance and is now filing for divorce. Im Respondant.

He has agreed to this as there is about 10K or less to share, equity in house. No cash he can put his hands on, thats why he agrees on this.

Thats why I want to claim SM and told him the courts will have to decide on this.

So after 40yrs marriage, theres nothing, no future at the age and no pension and he is to blame.I cant change the past and have to decide on my own future.
So its he keeps his pension and I keep the house..(and claim SM that he cannot agree on)I just need some advise about the mortgage and how this is done in UK.
What is my chances of keeping the house, mortgage arrangements one can make to companies, what is acceptable to them, I know wont have the final answers but any comments is very helpful.

Only debt we have is Mortgage of £106,000, |He is 61, how long can he work, might have SM for 2-5yrs. Sharing the pension then 5K per year and wont be for life as he invested all in High risk and its declining, capital will be lost in 10yrs. to change to mid or low risk, dont give him yearly at 12-15%, only make it 8% or less, trying to convince them he does not need this money at all, he is earning enough. Company cant do this as I am not the owner.

As we are fighting over SM, Im now thinking we agreed he keeps pension, I keep house. He is liable for £53000 debt (half £106,000)cant I try to get £40,000£10,000 of his current retirement payments for next 3-4 yrs he has to pay off the mortgage, leaving me with smaller mortgage and payments.

Pay £750, renting flat cost £700 and more. I used my savings to change house to help me with my disability, stairs, bathroom, bedroom bed cost £4000 and wont even fit in any other room, we sleep in seperate rooms, change floors and doors and so many things. When I cant walk that day I just open my front door and my dog cross the street into the park opposite. This house is my comfort blanket, and I cant loose this house.

Sorry guys, Im typing so slow and my answers might not follow your questions and my head is all over the place.

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