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Final hearing help

  • cookie2
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29 Jun 12 #339902 by cookie2
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Yes. 70/30 and periodical payments is what the judge thinks. I very much doubt you''ll be able to make a judge go for a 90/10 split if your husband does not agree to this.

"Rights"? What do you mean "rights"? There really is no such thing as "rights" in divorce cases. Assets are split according to the marital causes act 1973. As I''m sure you''re aware, if you''ve got all the way to final hearing!

  • survive
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29 Jun 12 #339918 by survive
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Hi, I would very much doubt that a judge would order a 90/10 split.
The normal start point is equality 50/50, but then all the additional factors are made, like lenght of marriage, contributions, earning cpacity of both parties, health of both parties, how many children and their ages and needs...

Do you work or rceive any other benfits? Is it likely that he will have contact in the future? How comes the house has already been sold? Are you both now renting?

There is a lot to factor in. AQlso, the judge at the FDR will only indicate the expected outcome, but this does not always mean that is what will happen, trust me!!

Just a word of advice too, don''t mention anything to do with the FDR or what the judge said at the FH, because the whole case could be adjourned.


  • Fiona
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30 Jun 12 #340007 by Fiona
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Divorce settlements are about sharing assets fairly so that both parties can start independent lives on a similar financial footing (not necessarily a mathematical 50:50 split) rather than rights or entitlement.

Every case is different and although it isn''t common there are occasionally cases when assets are split 90:10 or even 100:0, usually when there aren''t a lot of assets and one parent has the major responsibility for housing children. Also child sex abuse, if that''s what it was, may be a rare case when it is deemed inequitable to ignore conduct.

When there are no real assets there is nothing really to share, 90% of nothing is nothing. If there are assets no one can assist without knowing the value of the assets (including any pensions) held in joint and sole names, both parties'' respective incomes, ages and potential incomes.

Any provision restricting the right to apply for child support
is void.

  • poppylee
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01 Jul 12 #340367 by poppylee
Reply from poppylee
well the house was sold as it was agreed at the last hearing and the mortgage was falling in arrears and the FMH was already due to go into reposession of last may so really there was no options.

he has not contributed towards the mortgage for the last 4 years

and yes we are renting

my youngest child of 10 has special needs

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