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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.

 

Short Childless Marriage FMH Split

  • gopher5
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16 May 20 #512442 by gopher5
Topic started by gopher5
Hi,

In a short childless marriage lasting less than 5 years involving young parties, is contribution taken into account?

Parties kept their finances & savings separate. The husband funded 100% of the acquisition of the FMH (bought during the marriage) and paid more into the mortgage (75/25 split per month). In addition, he has made the full mortgage payment since separation.

How will the FMH be split given the circumstances above? Can the husband expect the deposit to be returned and then split the mortgage reduced?

Many thanks

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16 May 20 #512444 by WYSPECIAL
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Was there anything in place to say what would happen to the deposit?
If it gives both parties enough to move on then could probably argue for return deposit then split equity built up during the marriage 50:50.

Whoever lives there alone usually pays the full mortgage the argument being that they enjoy sole use of the property but are not paying the other party half the market rent.

They may be able to put forward a case for return of capital repayments but not interest. Whether or not it is worth it depends upon amounts involved.

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01 May 24 #522988 by Timg258
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Hey. Was there any outcome at a FH? I am in a very very similar position except I paid 100% of everything. Any feedback would be appreciated. Thanks.

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