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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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Financial arrangements

  • klb
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20 Mar 08 #17274 by klb
Topic started by klb
My husband has requested we split up. I have agreed.
We married 3 years ago and I brought two houses into the marraige and bought the matrimonial home in my name by remortgaging my first two.
With his former home he purchased a property in his own name.
He is now claiming half of all four properties.
Before I respond, does he have a legal entitlement to my three?

  • phoenix1
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20 Mar 08 #17275 by phoenix1
Reply from phoenix1
I was married for 3 years and had my own house, Wife moved into my house dropped her knickers and had an affair and walked away with 50% of it.
Something seems unfair there but I can't quite put my finger on it.

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20 Mar 08 #17278 by klb
Reply from klb
great. life eh??

  • kidsinbulgaria
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22 Mar 08 #17391 by kidsinbulgaria
Reply from kidsinbulgaria
Division of matrimonial / non-matrimonial assets.

Here is a case with some similarities to yours:-

- relatively short marriage
- 5 properties (some brought into the marriage by each party)
- no kids involved, not sure if that is you case or not

www.ambrose.appelbe.co.uk/Shortmarriages.htm

In summation, the Judge said that the parties should return to the position they were in before the marriage.

Hope it is of help.

Mike

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22 Mar 08 #17395 by Fiona
Reply from Fiona
In the more recent Miller case there were no children and it was said in many ways a short marriage is just as important as a longer one in relation to equality and matrimonial property. However, the judgment continued that departing from equality may be more appropriate the shorter the marriage and may depend on the nature of the property. Under the sharing principle the wife was entitled to some share in the assets, including the increase in value during the marriage. Melissa Miller was awarded £5million out of the £17.5million fortune of her husband.

See Miller v Miller : McFarlane v McFarlane [2006] UKHL 24;

www.familylawweek.co.uk/library.asp?i=2047

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