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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.


Help!

  • draiman
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14 Dec 11 #302043 by draiman
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Hi there. Going through the separation with my ex.

Situation is we have one child and she is pregnant with twins. We were married just over 2 years and own two properties.

I have agreed to take on credit card debt as some of it was accrued from me buying personal items which have now been sold to pay off part of the debt.

I have gone through the child maintainance website calculator and pay the recommended amount per month for child maintainance.

She has moved to the other side of the country to be with family, so I am left in the marital home and paying the mortgage fully as she refusesto contribute.

We have no debt aside from the mortgages and credit cards.

She has recently come back to the house and taken everything that was jointly owned for her new place. (Did this while I was visiting her to see my son).

The second home is currently rented to my brother and that covers the mortgage and extra bills for that house.

I just wanted some advice regarding if i would be entitled to any spousal maintenance? She is still employed but on maternity leave now and has worked through our relationship but does earn less than me.

I have bascially offered:

Pay credit cards
Split home 50/50
child maintenance


She has taken all the furniture from our marital home (should I change locks?), and I don't know if there's any way I can claim this back. She has said she'll pay it back from the sale of the house, but I don't trust that to be the case.

Thanks for your advice.

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14 Dec 11 #302044 by draiman
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Oh, and when we split up she cleaned out the joint account the day my wages went in too.

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14 Dec 11 #302045 by Fiona
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Because you are working, earn more, your wife is on maternity leave and you enjoy sole occupancy of the property claiming maintenance is a none starter.

Where did the two properties originate from - assets owned before remarriage? Was the matrimonial home bought with the intention of being a family home or did one of you own it before the relationship started? Any pensions, savings or investments?

The value of joint possessions she has taken can be accounted for in the final reckoning.

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14 Dec 11 #302046 by draiman
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So she won't be able to claim maintenance?

The two homes were bought when we were together using money we saved. There's not a lot of money tied up in them, but one's in a fix for 3 more years so big penalties if we break out. I have been contributing £100 per month to a pension. Not sure if she has or not. No other savings.

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14 Dec 11 #302047 by Fiona
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She might be able to claim "aliment" (maintenance) depending on how much disposable income there is after you have met your living expenses.

You need to agree a schedule of all the assets including the furniture, cars etc held in joint and sole names and deduct any liabilities (mortgage, credit cards) to calculate the net value to be shared. Relevant date for valuation is usually to date of separation so if you have a bank statement showing your pay in an account on that day it may also be taken into account in the settlement. The value of any increase in value of pensions during the marriage needs to go on the list.

In Scotland the net value of assets is shared "fairly," usually 50:50. although any financial disadvantage or exceptional circumstances might justify moving away from that. A solicitor could tell you where you stand and what options there are even if you then away and agree between yourselves. Alternatively 70% of divorces in Scotland are settled through negotiation, collaborative law or mediation and arbitration has very recently become available.

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14 Dec 11 #302048 by draiman
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Ok, thanks for your help. Will get those things sorted out and to a solicitor.

I did mean Spousal maintenance rather than child maintenance before. I want to make sure I support the children as recommended.

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