Go to link above in header to ADVICE NOW
Print out their guides to divorce processes
you need to understand how “fair settlement “ works which is the law that courts must uphold in “sealing” financial settlements even if it’s a consent order you agreed between you. “Fair settlement” is based on future needs, not past behaviour and has 10 or so criteria that impacts how assets are splits. Only you and stbex know which ones will apply and how they would impact the split of assets
yes, courts prefer 50:50, but in many many cases this is either not possible or optimal. Courts look at your legal financial declarations (D81/form E) and information you provided on it, then look how “fair settlement “ applies to your position.
”fair settlement ” is law to ensure that it does not leave one partner with lion share of assets whilst the other is at risk of needing state benefits in the future that they’d otherwise (with different split) not need. That, for instance is why pensions are included as marital assets now - so , where possible, potentially way into the future one partner is not on a swanky private pension, and the other needs pension credits. The law is designed to protect the state and tax payers bailing out one partner when the other partner waltzes off with all the
wealth
how “fair settlement” is met by you and your stbex, in your specific circumstances , can be fairly clearly understood by reading through examples and details in ADVICE NOW guides. No one here can tell you that, without having access to your full financial D81! A solicitor has a job to sell, solicitors will try to get what client wants, even when they know it may not be successful, and could cost £1000s in their fees and months of delays. For divorce it is better to try to work out between you, then tell the solicitor the specific tasks you want them to do. Once you start arguing through solicitor bill will run up at £3.50 per minute every time your solicitors even think about your case or pick up a document,
do not enter into any debates about the details of the split, until you have both completed your form E /D81 (ADVICE NOW tells you how- you do NOT need a solicitor for that, all they’re doing is taking data you give them and putting into a form you could just as easily, and way more cheaply and quickly, do yourselves). There is no way you should start to negotiate until you both know exactly what’s in the pot . That includes house valuations, asset valuation and pension valuations. Until that’s done don’t get into these silly debates. It’s also a way to force him to get the declaration done quickly - to know you won’t discuss settlement with him until it’s done, and you trust the numbers he’s entered with the evidence for it.