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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 offerings

  • Breathagain
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17 Aug 24 #523758 by Breathagain
Topic started by Breathagain
Hello
very new to posting on here.

I've received my STBXs financial offer and he's trying to claim for around 8K of my 17k pension I received before marriage.

hes also asking for engagement ring, wedding ring and eternity ring back....

he's suggesting as he's got in debt with legal fees (as have i but didn't declare it as not his issue) that I'm in a better financial position that he is.

anyone else had similar or can offer thoughts pls ?

I have a good lawyer who will negotiate but I'd like to hear others thoughts pls. Thank you

  • hadenoughnow
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17 Aug 24 #523759 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce but sorry you find yourself here.

It is very hard to comment without having a fuller picture of the situation. We'd need to know ages, incomes, length of marriage + cohabitation, children + aged. We also need to know the assets and liabilities you have between you.

The start point for dividing matrimonial assets is 50:50 but how it ends up depends on needs.

Whether or not a share of a small pre matrimonial pension is appropriate depends on the factors listed above.

If funds are limited I would suggest you negotiate between you, perhaps with the help of a mediator rather than go into debt paying a solicitor.

Hadenoughnow

  • Breathagain
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17 Aug 24 #523763 by Breathagain
Reply from Breathagain
Thank you

We are both 46. He is self employed earning around 40k. I’m a full time carer but also working, I earn around 12k.

I have a car 7K, he has a car 3k. My jewellery mentioned around 8K.

One child aged 10 full time with me.

No more money or assets.

Due to injunction mediation not an option.

  • WYSPECIAL
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18 Aug 24 #523767 by WYSPECIAL
Reply from WYSPECIAL
How long have you been together?
He has no pension and you’re both living in rented accommodation?
Has jewellery been valued for sale? Second hand sale prices are rarely anywhere near insurance replacement values or the original cost of them. Do you want them?
Is he paying maintenance for your child?

  • Breathagain
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18 Aug 24 #523768 by Breathagain
Reply from Breathagain
Married 10 years
Together 3 before this. Lived together in properties for 12 years both of which in my name but we both made equal contributions to in deposits or earnings etc. no money left from these houses.

Jewellery hasn’t been valued but I will do this. Do I want them? That’s hard, I’d like the money

Both in rentals paying our own way. He has raised debts with family as in and out of work and not reliable plus his legal fees.

He pays no CM. Lawyers suggested he pay £1 per month for 12 months….

Thank you

  • WYSPECIAL
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18 Aug 24 #523770 by WYSPECIAL
Reply from WYSPECIAL
Apply to CMS for child support. There is no fee now and although you may receive very little from him at least there will be something in place.

Given how little there is to split asset wise plus you are main carer and have lower income probably just keep what you each have.

  • Breathagain
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18 Aug 24 #523772 by Breathagain
Reply from Breathagain
Thank you

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Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.