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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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children and family home

  • maximus10
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01 Oct 12 #358744 by maximus10
Topic started by maximus10
I am a stay at home mum (with no income)my husdand has left me and the children (aged 7 and 11)and moved in with his new girlfriend,will it be possible to stay in the family home or is it split 50/50

  • Plumka
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01 Oct 12 #358745 by Plumka
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Hi,

there is much much more to it than just if you can stay there or if it''s a split. Is the house mortgaged and if so, who is paying the mortgage? Is he happy for you to stay there? Would you be able to pay the mortgage and bills? Would you be happy for him to pay the mortgage on the house so you and the children can stay there in exchange for child maintenance? There is really a lot more to it...

  • WhiteRose
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01 Oct 12 #358746 by WhiteRose
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Hi Maximus,

Welcome to Wikivorce :(

The marital home is part of the whole of the marital assets which gets divided between the separating parties according ''Needs''

Many things are considered with the family home, see this link:

www.wikivorce.com/divorce/divorce-settlements.html

If you list the details below, you may get a better idea?

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.


Are you looking for employment?

WR

  • Kazzabell80
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01 Oct 12 #358753 by Kazzabell80
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Welcome Maximus :(

I note that you have no income....apply for tax credits asap and also single persons council tax relief via your local council tax department in the council.

Your ex should also pay something towards the children, whether it is done by mutual arrangement or via CSA (check out the CSA calculator for an idea of what you may be entitled to).

Are you able to work?

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01 Oct 12 #358755 by maximus10
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Thanks for your reply.I am 48,my husband is 41.We have two children aged 7 and 11 who at the moment stay with me all the time,their Dad visits on a regular basis.We have been married for 7 years and lived together for 5 years before getting married. I have no income ,my husband earns between £28000-£30000 per year.Our monthly outgoing are approx £1300 a month for everything. The only asset we have is the house which is worth £150000(about £90000) after we pay of mortgage.Yes i am looking for work but it needs to fit around school hours

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01 Oct 12 #358759 by WhiteRose
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Your husband is not a high earner and I''m betting the £1300 puts a dent in his income.

He will need to pay you CM - but this is a moot point as I expect he''s still going to be paying for everything for the time being, but you don''t want to rely on this because you don''t know how long it will last.

I understand the need for a job that works round the kids, but I think this may greatly help your argument to stay in the house.

Have you discussed finances at all?

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01 Oct 12 #358766 by maximus10
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he wont discuss it properly until i see what benefits i can get,I have applied for a job within school but even if i get it ,it`s only £50 per week.He would idealy like to sell the house and take his 50% of the pofit to buy a new house with his girlfriend and me and the kids go into rented accomadation but im refusing to do that

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