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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.


Marital Pot at risk?

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23 Aug 12 #351367 by scubarat
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We have two properties both virtually paid for, one of my daughters rents one (three bed semi) and I live with my wife in the other (four bed detached) all children grown up and left - our relationship is as good as over and she is asking me to leave. I am able to leave and move into rented using the rent income from my daughter. If I do leave now, will I still be able to split the marital pot on a 50/50 basis. Where do I stand legally? Any advice appreciated.

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23 Aug 12 #351383 by cookie2
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What are your respective incomes?

You say one of your daughters... is this your wife''s daughter or from a previous marriage?

How long is your marriage and did you cohabit prior to marriage?

What are the values and outstanding mortgages on each of the properties?

Are there any other assets (eg savings, shares) to split?

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23 Aug 12 #351392 by scubarat
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In answer to your questions.

I get £80k approx - but my wife doesn''t earn a wage - she has a life style business for the last 6 years.

We have 3 daughters together and neither of us have been married before.

Lived together for a year, then married for 29.

£270K with £10K mortgage
£205K with £5k mortgage

There will be shares etc to split in my business.

I just need to know if I can leave without the risk of losing my share of the pot.

Thank

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23 Aug 12 #351415 by cookie2
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I think with these figures it would not make much difference if you moved out. The likelihood is that you will get one property each, that is usually the simplest solution when there are two.

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23 Aug 12 #351444 by scubarat
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Thanks for your advice

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