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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.


What do I need to disclose to my STBX solicitor?

  • Gromble
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20 Dec 11 #302914 by Gromble
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My STBX has recently seen a solicitor and has said I will need to respond to a letter shortly dislcosing my bank statements etc.

What exactly will I need to disclose and what happens if I refuse?

I have tried to agree an amicable split of the assets but I'm starting to worry that her solicitor is going to fight for every penny and that's just going to rack up the costs :(

What happens if we can't agree on a Seperation Agreement?

  • WeeKate
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20 Dec 11 #302927 by WeeKate
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You only need to disclose if ordered by the sheriff. However, it is reasonable to disclose to the other party as requested provided they are doing the same, ie both parties disclosing bank statements.

  • Gromble
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20 Dec 11 #302928 by Gromble
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Thanks. i'd rather not, but only out of privacy. I'm not going to try to cheat anything.

  • WeeKate
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20 Dec 11 #302931 by WeeKate
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If you are the departing spouse then p60 should be sufficient.

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21 Dec 11 #302944 by Fiona
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No one can determine a fair settlement without knowing the size of the pot to be shared and the parties' respective incomes.

At this stage disclosure is entirely voluntary but it's difficult to agree a settlement and for a solicitor to advise when one party doesn't know the value of the assets held in sole names as well as those held jointly. The result is often protracted negotiations, expensive legal fees and damaged long term family relationships if there are any children.

If you refuse the other side could instigate court proceeding and then the court would require a schedule of assets and liabilities.

  • Gromble
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21 Dec 11 #302949 by Gromble
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Thanks.

We've always kept our assets separate, other than some stuff like the house, shares and some savings. We split the joint cash already but I've been saving extra from my salary whilst she's been spending all of hers and even used some of her share of the joint cash.

Also, she refused to start a pension but I've paying into mine for years and she gets half the value of that, despite only being married for a few years with no kids.

Plus, she won't even try marriage counselling or anything, doesn't seem right at all. :-(

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24 Dec 11 #303266 by ScotBob
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With regard to your pension, I believe I'm right in saying she'll only be entitled to a 50% share the amount accrued during the 3-years of marriage, not on the full amount.

You'll need to get 2 CETV's - as at the date of marriage, and as at the date of separation, and work out the difference.

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