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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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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.


My new home. Can I be forced to sell it?

  • DT1095
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08 Sep 12 #354635 by DT1095
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I have been seperated from my wife since June 2010. She started divorce proceedings against me in November 2010 and has been dragging out the divorce. We had the Decree Nisi in May 2011 and still no resolution to the divorce.
My ex moved in with her new partner in Febuary this year and I have been living in rented accomadation.
I have now bought a home which I cohabit with my new partner and her children.
My ex has now threatened to have the court make me sell the house so I can pay her a settlement figure.
I have already been more than generous and walked away with just my car whereas she kept two cars, all the contents of the marital home (which was rented) and had nearly £15000 off of me. We had no savings and I have offered pension sharing for the time we were married.
My question is can they force me to sell my house and put me and my partner and her children on the street? No matrimonial assets were used in the purchase of this property and due to the time my ex has taken with the divorce is there a cut off point where it is fair to say she cant get hold of my assets?

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08 Sep 12 #354638 by soulruler
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Hi welcome to wiki

Start with the basics which are including:

length of marriage
Ages of both parties
any children and their ages
What assets were bought in by either party
The length of time of separation and in your case who is in the marital home and who is paying for it
Where you are living at present, the owner of the property, who pays what
Any child maintenence going to the children or being paid into any party or paid out to any party
General assets
Anything else you might think significant or insignificant might help

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08 Sep 12 #354639 by soulruler
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Also who put in the Petition and on what grounds, why is your ex dragging heals on the nis and who has applied for it and if no one why not?

Was the basis of the petition accepted, agreed or denied but in dispute and are you both represented by solicitors?

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08 Sep 12 #354650 by DT1095
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We were married for 11 years. We seperated in June 10 and I told her that I wanted to start divorce proceedings in October. She said she didnt want a divorce and asked to give the marriage another go. I agreed to this then she started divorce proceedings against me in November. When I reurned to work. I work abroad for half of the year.
We have two children which I pay maintenance for (abbove the CSA rate).9 and 11.
No marital home or savingss.
My ex seems to have been holding out for my annual bonus which I have just received.
Does this help?

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08 Sep 12 #354658 by soulruler
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Yes it does help as bonuses not yet recieved cannot be considered as part of marital assets, it is covered in part under section 37 of the matrimonal causes act.

The fact that you asked for a divorce and then she refused and then she petitioned (ignoring your acquienssense) is totally relevent.

You have been separated since 2010 for good reasons on both sides - so unreasonable behaviour (i.e good reasons) on both sides.

However, she is now the Petitioner after all of this so she can not claim in my opinion half or any of your bonus since separation.

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08 Sep 12 #354670 by DT1095
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I dont know if her lawyers are just trying to make money out of her. We had an agreement for maintenance of £500 a month. I had offered more but she said it would affect her benefits. When she moved in with her partner she came off of benefits and I got a letter from her solicitor saying that I needed to pay more maintenance. My solicitor advised that this was not a court matter and should be handled by the CSA which I agreed.
I was then taken to court for maintenance but had increased my payments to what I thought was in line with CSA but happens to be considerably more. My solicitor did not understand what grounds the court case had been brought and the case was dismissed when her and her solicitor failed to show up.
I have given complete disclosure of my finances but she has not be so honest with hers. She has asked for my partners finances to be disclosed yet she has put her partner down as self employed and not declared his wages. He is a partner in an international tax consultancy based in the city and I have been informed earns well over £300,000 a year.
Her argument for me having to pay her a lump sum and possibly selling my house is to keep her in a lifestyle that she was accustomed to. She is living a much more lavish lifestyle than I could ever provide for her.
I just dont see what she can get off of me as all I have is my pension and the home I have just bought which the majority of the deposit was loaned by my family or put in by my partner.

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08 Sep 12 #354674 by soulruler
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Oh bag of worms, reality is that there were no marital assets at the point of your split and that both of you now have new partners, yours who has put money into a new house and money leant from your parents and she is living with a new partner who must be available from the net for google as his income you say is in the region of £300,000 and he is in a law firm.

Hey, sounds great to me even if not great to you. Possibly pm me and we can have a look. happy hunting and hopefully this can be knocked on the head.

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