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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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'clean break' without divorce?

  • spyder
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18 Mar 08 #17162 by spyder
Topic started by spyder
How can I stop ex from claiming half my inheritance should my mum die?

Can't divorce as havent been living back in the UK for 12 months and he wont agree to a divorce (he is still out of the country). He has made it clear he wants to claim half my mums estate and as we are still married there is nothing I can do about it. She isn't on her last legs so it isn't an immediate problem, but is it possible for her to change her will so he gets nothing? Or will he still have a claim?

He pays no maintenance and doesn't see the kids - another reason divorce would be hard. He is bankrupt in UK, and has left me with a lot of debt that I have mostly cleared now.

  • TMax
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19 Mar 08 #17175 by TMax
Reply from TMax
your mum can change her will any time she wants its not illegal, as for divorce you only have to wait 2 years to get divorced for his uneresonable behavour of having walked out of your life and leaving you with debts, which as long as you have all paper work, banks satements and the like you can show youve paid it, then this will also help towards any settlement.

  • LittleMrMike
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19 Mar 08 #17187 by LittleMrMike
Reply from LittleMrMike
Two thoughts :

1. Have you considered divorcing in another jurisdiction ? In some countries inheritances belong to the spouse who received them and can't be ' got at ' by the other.

2. If he is a bad maintenance payer this might go against him.

There was a thread on the topic of inheritance a week or so ago and if you can dig it out you will find it helpful.

Mike

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