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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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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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Property Maintence

  • maureenww
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  • New Member
11 Sep 12 #355269 by maureenww
Topic started by maureenww
Husband left 1 year ago whilst i was in hospital suffering depression we have 2 children he pays the basic child maintenance I have paid the full morgage and all household bills plus spending about 20K on household maintenance (the house had been left in disrepair). I have to work full time in order to keep a roof over our head whilst he is now living with someone else and they are able to share there expenses plus go on a number of holidays is this fair i have now been told that non of this will be taken into account when we have to agree the financial split.

  • LittleMrMike
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12 Sep 12 #355379 by LittleMrMike
Reply from LittleMrMike
Well, I suppose, playing devil''s advocate, it''s a pretty respectable argument that if you live there it isn''t unreasonable that you should pay the mortgage and carry out maintenance ; after all, you''d have to do it if you were the sole owner, wouldn''t you ?
Contribution is one of the statutory factors which a Court must take into account, but it ranks pretty low in the order of priorities. The main factor is need - you and your childrens'' need for a home - and if you apply this factor, then your case is pretty respectable. Both you and your children need a home. He already has one, he''s living with the OW and ( presumably ) two incomes are going into his new house.
So I think it''s likely that you could come out of this quite well ; he wouldn''t come away empty handed but he may have to wait for some time before he can realise his interest. But not knowing the facts, I can only talk generally.

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