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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.


cheating and rights to the house!!!

  • mematey
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18 Aug 12 #350375 by mematey
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me n the cheat bought a house in march in my name!now i find out she has been phoning and texting another fella at all hours of the day n night as early as 3 in the morning trying to ring him.she swears they only went out for dinner and had a kiss but nothing happened!!! this is the second time in the last 5years this has happened with diff fellas.

as far as i am concerned she went wandering she can go to him but why should i have to pay her the money she put down if she is being unfaithful. y should i have to pay all the mortgage n bills etc on my own whilst she leaves with a wedge in her back pocket to go and live it up with whoever she wants

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18 Aug 12 #350377 by mematey
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she put down £5000
i put down £5600 plus the financial advisors fees of £800ish and the solicators fees of near £1000 i have paid all gas and electric bills since moving in and the first 4 mortgage payments she paid half the last mortgage payment and bought all the food since moving in

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18 Aug 12 #350378 by maisymoos
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Are you married? and if so how long for?

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18 Aug 12 #350382 by mematey
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no not married just been together since 2008.moved into our first place together in march but the house is in my name

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18 Aug 12 #350396 by maisymoos
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Can any other wikis give help?? Not sure what the situation is if unmarried and no deed of trust?

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18 Aug 12 #350400 by Hacked Off
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Currently, co-habiting couples do not have the same legal rights as married couples although I believe there are moves afoot to change all that. Anyone??
It''s a tricky situation re your finance, and I have no advice on how to resolve it except to say that you should try and do it amicably, if possible. However the fact that the house is in your name is a point in your favour. If you had been married, it wouldnt have made much difference whose name was on the deeds, who paid for what and whether your partner slept with a different man every night - I know that''s unfair but my own experience bears this out.

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18 Aug 12 #350402 by Action
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If you look at it in the same way as if you were married then it would be classed as a short marriage and you would take out what you put in. I think the advice generally goes that if one partner is buying the other out then there should be a reduction in the price paid (10% below market value is what my friend who split with her partner was told). There might also be an argument for the ''cost of sales'' to be factored in.

I suggest you do all these sums, i.e. Estate agent valuation (average of three valuations), minus 10%, minus estate agent fees, and see what''s left. If it''s negative then tell her that 50% of that is what she owes you to walk away! She might then be happy to walk away with less than she put in.

Not sure how a lawyer would view this but might be worth a try!

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