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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.

 

Savings Post Divorce

  • Rossm3
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12 Apr 22 #519152 by Rossm3
Topic started by Rossm3
Hi,

Since my divorce in 2015 I moved to the Middle East to start again.

We did not do a financial settlement as it was the house that was only up for discussion and my ex wife was unable to get a mortgage at that point.

Now she is able to take over the mortgage which is great.

My question is, the money I've save post divorce is not part of the pot from what I have been advised.

Can anyone confirm this.

Thanks.

  • WYSPECIAL
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12 Apr 22 #519154 by WYSPECIAL
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Hard for anyone to say without knowing the full details.

Until there is a court order in place stating that no further financial claims may be made then, apart from one of you falling into the re-marriage trap, you both still have a valid financial claim against the other.

If there is enough money in the pot without including your savings then you may be able to ring fence them. If it would be unfair not to include them then the court will do so.

That's why it's so important to get a Clean Break order at the time of the divorce.

Depending on the full details and the sums involved it may be cheaper to offer your ex some "go away" money rather than spend loads of time, money and mental energy arguing about it with the uncertainty of what the final decision would be.

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12 Apr 22 #519155 by WYSPECIAL
Reply from WYSPECIAL
Hard for anyone to say without knowing the full details.

Until there is a court order in place stating that no further financial claims may be made then, apart from one of you falling into the re-marriage trap, you both still have a valid financial claim against the other.

If there is enough money in the pot without including your savings then you may be able to ring fence them. If it would be unfair not to include them then the court will do so.

That's why it's so important to get a clean break order at the time of the divorce.

Depending on the full details and the sums involved it may be cheaper to offer your ex some "go away" money rather than spend loads of time, money and mental energy arguing about it with the uncertainty of what the final decision would be.

  • .Charles
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12 Apr 22 #519156 by .Charles
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The general approach is that the joint finances end at the point of separation which means that post-separation acquired wealth is not shared.

However, the Court does have discretion in extreme circumstances to vary this depending upon the facts of the case.

Charles

  • Rossm3
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12 Apr 22 #519157 by Rossm3
Reply from Rossm3
Thanks Charles, that aligns with what I have been told.

There's 260k equity in the house which Is the only asset up for debate.

The ex wife wants all of it.

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