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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.

 

Property particulars and housing needs.

  • bunglefungus
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13 Jan 14 #418926 by bunglefungus
Topic started by bunglefungus
Hi,

Im heading towards an FDR next month and need some advice.

The court has asked me to supply up to six property particulars in respect of my own housing needs.

Im a bit lost here. :(

What do I base this on ?

My current house which I have owned for the last 20 years is a three bedroom detached property. Do I base my housing needs upon this ?

Or

Are they expecting me to offer examples of something smaller ?

Or

Is it to be based upon evidence of my maximum borrowing mortgage capacity ?

Im finding this quite difficult to answer as I also have no idea if equity in the property will be split 50/50 which will vary a potential deposit amount.

Any help is appreciated.

  • Fiona
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14 Jan 14 #418930 by Fiona
Reply from Fiona
YOu don''t "need" a three bedroom property just to house yourself adequately, although you might need a more modest three bedroomed house if you have children who will be staying overnights with you.

Mortgage raising capacities are relevant. If one of the parties can raise a larger mortgage the other party will need a larger share of capital to use as a deposit and leave them on a similar footing. That is particularly true if they are responsible for the majority of childcare.

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14 Jan 14 #418931 by bunglefungus
Reply from bunglefungus
Thanks Fiona,

There are no children involved. It was a very short marriage.

Is it reasonable to think the court would allow me an opportunity to buy her out based upon a RICS valuation if I can find sufficient funds to do so ?

Its been my home for the last twenty years. I really don''t want to sell it.

She contributed nothing financially and the mortgage has always been in my name solely.

Will the court take this into account during an FDR OR FH ?

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