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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.


Joint mortgage

  • Gall1980
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17 Feb 20 #511447 by Gall1980
Reply from Gall1980
Yes, she has indicated she wants to take the full mortgage over however she has only offered 40k as a settlement figure which is obviously considerably less than what is due. So we have declined to sign his half over unless he gets the amount due.

There is only 1.5 years left until the mortgage is paid off anyway. We were happy to contribute to pay the full mortgage in lieu of childcare until the mortgage ran out (financially it would have made more sense for her to do this as the mortgage is the higher figure of the two) however the child maintenance application starts from this month and we must show that we are paying her this money.

Yes she has a job so should be able to cover the mortgage. It should just be a case of my husband advising the mortgage people that she will set up a new direct debit and he cancels his. Obviously there’s a risk she may not pay the mortgage but I expect if we pay the child maintenance in to her bank as requested by the CSA she can take the mortgage from that amount. She’s then need to find the extra £150 a month that we have been paying extra towards the mortgage.

We did think about asking to mortgage people for a payment holiday this month to give us time to sort this out fairly. At the moment she’s determined that we pay both the mortgage and child maintenance but we simply cannot afford to. It’s seems quite unfair to expect us to do this.

Anything I am missing here that could help the situation?

Thanks for your replies, it’s very useful.

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