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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.


Under pressure to remove Home Rights notice

  • Mollydoll
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24 May 20 #512549 by Mollydoll
Topic started by Mollydoll
Hi, I've reached Decree Nisi stage and am now part way through mediation about to make financial disclosure.
My soon to be ex-husband is repeatedly asking for the home rights notice to be taken off as it's stopping him re-remortgaging (the point) when I thought he was only changing rate- which wouldn't have been affected.
He hasn't made full disclosure as yet- I've asked for 2 years + and I'm keen to reach a settlement but am now under pressure, Solicitors advice is keep it on, I have little idea now what is owed on the house or whether I'm due anything.
Can I forgoe a share of the house and be compensated in a better pension share (he is a senior police officer) as I am still renting.
I'm going to call his mortgage company myself but they won't be able to tell me much I imagine, I'm not sure he's looked at any alternatives, there must be some, ? If only short term, mortgage companies must have dealt with this before?
He's always got his way before, I've stood firm and said a financial settlement comes first, the notice stays but it's getting harder- help !

  • WYSPECIAL
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25 May 20 #512552 by WYSPECIAL
Reply from WYSPECIAL
The house equity forms part of the pot to be split. How the pot is split is down to agreement.

If you would prefer to forgo house equity for more pension it can be done.

His mortgage company won't be able to tell you anything.

Why break now? Tell him when he has made full disclosure and a Consent Order is agreed the home rights notice will be removed as part of the consent order. In the meantime he can continue paying a higher interest rate and you know he won't be able to diminish the equity by increasing the mortgage.

  • Mollydoll
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06 Jun 20 #512730 by Mollydoll
Reply from Mollydoll
I think I forgot to say thankyou, I'm sticking with it, I'm still under pressure, but the home rights notice stays on until the settlement is agreed,
Thanks again! hopefully will soon be at the finish line.

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07 Jun 20 #512759 by WYSPECIAL
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Let us know how it goes.

Others may benefit from your experience.

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