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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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FILING UNDER DESERTION

  • MEEISIS
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19 Feb 08 #14440 by MEEISIS
Topic started by MEEISIS
If you file under desertion and you can verify the grounds of desertion based on the specific facts. (The person lied on why they did not co-habitat and have proof) Will the judge grant the divorce and is it shorter time frame for granting. Why do solicitors say back away from desertion?

Really how is assets looked at. When there really are no assets in your country or Europe and then the stuff owned is owned and owned prior to the marriage. When the spouse paid for everything in the marriage while the husband just allowed his retirement to go into the bank.

Need to know reasons so can justify where to file.

Sandra

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22 Feb 08 #14824 by Fiona
Reply from Fiona
Desertion is leaving one's spouse or children or both without their consent and with the intention of abandoning all obligations to them. In Scotland desertion has been removed from legislation altogether and in E&W it's hardly used because it's difficult to meet the criteria that it must be the case that:-

1. The other spouse has left for a continuous period of at least two years;
2. There has not been any good reason (“just cause”) to desert;
3. The person who left has intended to desert;
4. The person left behind has not consented.

In E&W with a marriage of short duration usually each party takes away what they contributed to the marriage. Having children changes that. In a long marriage all the his/her/joint assets form the 'pot' and assets are shared 50:50 unless there is a good reason to deviate from that. In Scotland assets accumulated between the dates of marriage and separation are shared usually equally.

One thing to bear in mind with international divorce is where the immovable property is located.

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