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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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Poor legal position?

  • spatula
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23 Apr 12 #326063 by spatula
Topic started by spatula
Hello.

I recently walked out of the family home after telling my wife I had been having an affair.

Does this fact leave me in a poorer legal position? the fact that I left?

I have kept all financial arrangements exactly the same and have been paying half of all bills.

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23 Apr 12 #326075 by WhiteRose
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Hi Spatula,

Welcome to wiki!

Firstly if your wife issues a divorce petition against you citing adultery - will you agree?

She will probably ask for a costs order for the divorce (for the divorce part alone this could be £1000 to £1500)

See link for step by step process:

www.wikivorce.com/divorce/Step-By-Step-G...de/Introduction.html

The finances and children are dealt with separately and each party is responsible for meeting their own costs.

With the financial split, the reasons for the divorce do not affect the division, all the marital assets get put in a pot, debts deducted and then the remainder gets apportioned on a needs basis. If you have dependent children their needs and therefore that of the PWC (Parent With Care) will be prioritised.

Is mediation an option (after things have calmed down)?

WR

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23 Apr 12 #326082 by spatula
Reply from spatula
Thanks for the reply!

I probably would admit adultery...

Things aren''t currently as awkward as they might be. We have set up relatively amicable childcare arrangements and I have my daughter half of the time.

My wife has been suggesting that she has the upper hand in legal matters, because she is the injured party. I was just wondering if this was true.

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23 Apr 12 #326089 by WhiteRose
Reply from WhiteRose
In the divorce she probably will get a costs order, so you pay the costs.

But no, overall with the children & finances - it doesn''t matter who did what.

Good you are keeping it amicable.

WR

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