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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.

 

Financial settlement no kids

  • hadenoughnow
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25 Feb 24 #522640 by hadenoughnow
Reply from hadenoughnow
The start point would be to see whether you could each be housed from the equity plus any mortgage you could obtain. Strict need is a one bed property. Have you provided examples?

If you have raised questions about the missing cash that have not been answered satisfactorily you can submit a statement of deficiencies. Alternatively you can seek to offset it against pension share as part of an offer or just let it go but argue this is part of a departure from equality that she already had. If you are paying a solicitor the costs of arguing could outweigh any potential benefits.

What was the source of the funds?

If the money's been spent on home improvements you can request proof. If the FMH is to be sold the improvements will be part of the value.

The likelihood is that this would be a 50:50 capital split if you can both buy a one bed with this. Pensions would usually be shared equally as well but as yours is so small it's unlikely to be an issue

Hadenoughnow

  • Uptotheeyeballs
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25 Feb 24 #522641 by Uptotheeyeballs
Reply from Uptotheeyeballs
Many thanks for the reply. Yes I have provided examples of 1 bed property for both parties and they can both be bought out of the money from the house if it gets sold.
neither of us can get a mortgage though I don't see that as an issue as we can both buy a place outright from the house sale anyway. I'm pretty sure I did submit a statement of deficiencies regarding the missing cash. There is proof of home improvements but nothing major that equals the amount of cash she has took.

The money was originally from an accident I had at work many years ago, some of it was spent and the rest was just sat in the joint bank account.
Will see how the outcome goes next week though I am very much not looking forward to it whatsoever.

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