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Sorted thanks.
Comments
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Yes, together 20 years.I'm part Swedish, part Italian, all British.0
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Have you both considered using a mediation service?
This is very cost effective.
Lots of information here:
https://www.citizensadvice.org.uk/family/ending-a-relationship/how-to-separate/mediation-to-help-you-separate/0 -
An agreement you reach between yourselves will be sound and binding if you then have your agreement recorded in a formal consent order. It sounds as though things are fairly amicable - if you agree that there will be a pension sharing order and 50% of the value of the shares then one of you could then get a solicitor to draft an order in those terms, to send to the court.
While a court starting from scratch might give your wife a share of the redundancy money, or a higher share of the other assets, if they consider that your long term earning capacity will be higher than yours, but if you and she have agreed on a 50/50 split (excluding the severance pay) then it's likely that a court would approve that, particularly if you explain the thinking behind it.
The agreement would only not be binding if you left it as an agreement between yourselves rather than turning it into an order (and if you chose not to divorce immediately, a separation agreement, if property drawn up by a solicitor, and with both of you having appropriate advice before signing, will carry a lot of weight, even though it is not strictly legally enforceable. The Wyatt and Vance case Rubik mentioned didn't involve any form of agreement at all, it was a case where hate parties divorced with no financial settlement.
Mediation may be helpful if the situation is that you and your wife are finding it diffiuclt to reach an agreement, as it one way of helping you to negotiate with each other. If the situation is that you can agree, then getting a solicitor involved at that time to draw up the order would be appropriate.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Would it make sense to move forward with this in my current situation rather than wait until i get a job (IF i can get a job)? Any advantages?I'm part Swedish, part Italian, all British.0
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If you are currently unemployed I think you could justify keeping your redundancy given your ex is working albeit in a low paid job. If you have £40k of savings from redundancy and a £35k job she would be justified in asking for half the redundancy as you would not need to live off it whilst waiting to get back into work.I’m a Forum Ambassador and I support the Forum Team on the Debt free Wannabe, Budgeting and Banking and Savings and Investment boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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