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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


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  • gaza
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24 Dec 07 #9493 by gaza
Topic started by gaza
I bought my house in 1987 and paid the morgage on it for 11 yrs my ex moved in in late 1998 we got married in august 2000 we paid the morgage like a married couple ,she worked part time I worked a mixture of part time and full ,sommetimes with family working tax now shes left saying she wants 70% of the total value of the house but 50% will do .there is a 12yr old involved our daughter the house when I bought it was 20,000 when she moved in 11 yrs later house was worth 55,000 surly shes not entitled to the equity for the period she wasnt even i the country and married as well
your answers would be most welcome

  • attilladahun
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25 Dec 07 #9511 by attilladahun
Reply from attilladahun
Forget % 's it will be a case determined by need and the factors set out in s 25 MCA 1973

"25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."

You omit incomes , length of relationship and pensions?

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