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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.

 

Divorce Timing

  • AlexG
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14 Jul 24 #523498 by AlexG
Topic started by AlexG
Hi,
We are not happy in our marriage but currently staying together for children's sake. We want the best for our children whether we stay together or separate.

As there is no loving connection, I'm thinking whether to get divorce now or stay put for 5 years and get divorce when our children are nearly 18.

Our marital home is mortgageed which I pay monthly. We have got children aged 13 and 11. We both got savings.

I presume I will continue to pay the mortgage until we sell the house. Do I pay the full monthly mortgage and also the full child maintenance?

How will the savings and assets get split?

We have been married since 2015 and just thinking would it be better to get divorced now or in 5 years time financially?

Personally, I would like to stay until kids are 16 or 18 for stability but on the other hand, we don't have loving connection and we argue frequently.

Thanks
Alex

  • EMC3419
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14 Jul 24 #523499 by EMC3419
Reply from EMC3419
If you do plan together, do at least make sure she starts pulling her weight financially now otherwise it's really not in your interests to delay the split. You will end up paying for everything for another 5 years and then end up watching her walk off with the lion's share of it because her "needs" are greater. She will also (undoubtedly, because they all do) claim you decided together that she would not work until the children were 18, seriously restricting her ability to earn (although in reality, 99% of these women choose to stay at home because they can't be bothered to have a career).

If you stay together, it should be on the condition that she goes and works full time now, contributes a reasonable share to household expenses and agrees now that the assets will be split 50/50 in the future. Otherwise, I would strongly advise that you get out now.

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