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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.

 

Consent order additional infomration

  • Pumpkin999
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17 Nov 21 - 17 Nov 21 #518150 by Pumpkin999
Topic started by Pumpkin999
Hi

I'm populating the additional information box in a Consent Order as to why we have reached this agreement.

Any advice would be greatly appreciated. There is about £32 000 equity the house and my pension CETV is approx £25 000 against my wifes £5000. Married 21 years but only accrued any capital over the last 4. Both in early 40s. Daughter has just started A levels.

I'm worried the Judge will not approve the order as it seems unfair but my wife genuinely does not want any of my pension.

Is below a sufficient explanation.Mr and Mrs xxxxxxx have reached an amicable agreement over the division of their assets.

Their principal consideration has been the welfare of xxxdaughterxxxx and being able to provide her a stable home to complete her further education. Although the marriage has been long, they have only recently purchased a property and entered pension schemes meaning there is not a large amount of capital.

Mrs xxxxxxx has moved out of the marital home and is cohabiting with her new partner.

Mr Xxxx has remained in the marital home with their daughter and both parties have agreed that Mr xxxxx will buy Mrs xxxxxxx 50% equity from her. This will enable Mrs xxxxxxx to move on with her new partner.

Mr xxxxx has not requested any child maintenance for their daughter during their separation and will forgo any ongoing claim for child maintenance from Mrs xxxxxx in support of their daughter. Mr xxxxxx will pay for xxxdaughtersxxxx further education including completion of her A levels and University should she attend without requesting any contribution from Mrs xxxxxxx.

Mr xxxxxx has a 1/120 DB pension which he has contributed to for 4 qualifying years. Mrs xxxxxx has been advised that she is entitled to a share of this and Mr xxxxxxx does not object to her claiming this. Mr xxxxx has also advised Mrs xxxxxxx that she has a right to part of his pension. Mrs xxxxx however wishes no claim on the Pension taking into consideration the short amount of time it has been accrued as there is time in both parties working lives to build subsequent pension pots given their relatively young ages.

Mr Warbrook also wants no claim on Mrs xxxxxxxx pension.

Both parties will retain their personal possessions.

Both Mr and Mrs xxxxxx agree that this settlement if fair, provides the most stability for Ms xxxxxx to complete her education and allows them a Clean Break to continue their separate lives.
Last edit: 17 Nov 21 by Pumpkin999.

  • rubytuesday
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18 Nov 21 #518153 by rubytuesday
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The additional explanation is written by the solicitor drafting the consent order, it would be an idea to run this by them.

  • Pumpkin999
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01 Dec 21 - 01 Dec 21 #518219 by Pumpkin999
Reply from Pumpkin999
I'm using an online draft service who do not advise on if it is fair.

I have amended this now to offer my wife 25% of my pension as I'm just want this to be done as quickly as possible.

New draft is below, all comments welcome.

Really concerned about it being rejected and I'm hoping this explains to the judge why we have come to this agreement.

Both early 40's, I earn 2900 a month and her 1200 after tax etc.

Mr and Mrs Xxxxx have discussed their financial arrangements at length and reached an amicable agreement over the division of their assets.

Their principal consideration is the welfare of Xxxxx Xxxxx and being able to provide her a stable home to complete her further education and beyond.

As far as is reasonably practicable both parties have attempted to achieve a 50/50 division of assets and future costs whilst ensuring Ms Xxxxxs welfare.

Although the marriage has been long, they have only recently purchased a property and entered pension schemes meaning there is only a small amount of capital.

Both parties have maintained sperate finances during their marriage.

Mrs Xxxxx has moved out of the marital home and is cohabiting with her new partner.

Mr Xxxxx has remained in the marital home with their daughter and both parties have agreed that Mr Xxxxx will buy Mrs Xxxxxs 50% equity from her. This will remove any liability for the mortgage from Mrs Xxxxx and enable her to move on with her new partner whilst Mr Xxxxx will refinance the marital home.

The current mortgage provider, Nationwide, have offered to move the mortgage into Mr Xxxxxs sole name. The property has just been re-mortgaged into a 5-year fixed deal with an exit fee of £3315. As this equates to a large percentage of the available capital Mr Xxxxx will take out a personal loan, £20250, to buy Mrs Xxxxxs share of the equity and pay off an outstanding loan that was used as a deposit to purchase the house. This will avoid losing £3315 of equity in fees which is a significant proportion of the available equity but will increase the overall cost of the loan to Mr Xxxxx when comparing personal loan APR against mortgage rates.

Mr Xxxxx has a 1/120 DB pension which he has contributed to for 4 qualifying years. The current CETV is £23 477 which, as of today, will pay £1535 on retirement at the age of 67.

Mr and Mrs Xxxxx have agreed that Mrs Xxxxx will take a 25% share of the pension with Mr Xxxxx paying the full £2040 transfer charge from his share. Mr Xxxxx claims no share of Mrs Xxxxxs workplace pension.

To offset this discrepancy in pension % share Mr Xxxxx has not requested any child maintenance for their daughter during their separation and will forgo any ongoing claim for child maintenance from Mrs Xxxxx in support of their daughter. Mr Xxxxx will pay for Xxxxx Xxxxxs further education including completion of her A levels and University without requesting any contribution from Mrs Xxxxx.

As both parties are in their early 40s both have a large remaining portion of their working lives to build pension pots for their retirement.

Mr Xxxxx has agreed with Mrs Xxxxx that he will pay all costs in respect of the divorce from Mrs Xxxxx. Approximately £2000 to date.

Mrs Xxxxx may arrange access directly with Xxxxx Xxxxx without restriction.

Both parties have agreed to retain their personal possessions.

Both Mr and Mrs Xxxxx agree that this settlement if fair, provides the most stability for Ms Xxxxx to complete her education and allows them a clean break to continue their separate lives whilst retaining an amicable relationship.
Last edit: 01 Dec 21 by Pumpkin999.

  • hadenoughnow
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02 Dec 21 #518225 by hadenoughnow
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Are you in a position to offset the pension ? This would give her more capital but no pension.

Hadenoughnow

  • Pumpkin999
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02 Dec 21 #518230 by Pumpkin999
Reply from Pumpkin999
I have nothing to offset it with.

If I remortgage it incurs a large exit fee on the mortgage and I can't afford a larger personal loan.

As the pension pot is so small I'm inclined just to give her half which seems crazy as she doesn't want any of it!

It so stressful trying to second guess what someone else will see as fair.

I thought me claiming no maintenance for our daughter would even things out?

  • hadenoughnow
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03 Dec 21 #518239 by hadenoughnow
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Can you raise a capital sum to buy out her interest in the pension? Or pay in instalments?? Maybe in amounts equivalent to CM so no money changes hands?

I am pretty sure you cannot just sign away CM; it's a statutory requirement.

Any statement in support of a consent order needs to be signed by you both.

Hadenoughnow

  • Pumpkin999
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06 Dec 21 #518286 by Pumpkin999
Reply from Pumpkin999
I think child maintenance can be agreed for a period of 12 months at which point it reverts back to the CSA if required.

I cannot raise any more capital to buy her out, I'm happy giving her more of my pension if required as its not actually woth that much.

The order is currently being drafted so I guess we are in the hands of the Judge now!

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