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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.

 

FDR in the morning ex instructed a barrister!!!

  • hadenoughnow
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17 Mar 15 #458097 by hadenoughnow
Reply from hadenoughnow
You need to make sure your proposal is clearly set out.

The difficulty you have is that your ex is tied to the mortgage and you have no way to release him at present. It is further complicated by your new partner and new child. I appreciate your new partner would take on the mortgage with you but he is currently unable to do so because he doesn''t meet lending criteria.

If you can be clear that all you need is CM and him to keep his name on the mortgage for a time limited period, that may be acceptable. If you cannot agree something that works for you all in court, you will have to get a judge to decide at a final hearing. The judge''s opinions on the day should give you clear guidance. You can continue to negotiate post fdr all the way up to fh.

Let us know how you get on.

Hadenoughnow

  • Nearly over
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17 Mar 15 #458098 by Nearly over
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If he had the children yes actually
I''d do anything to make sure my children didn''t suffer in any shape or form
But maybe that''s me I cannot see how finances and money would mean more than my children

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17 Mar 15 #458099 by Nearly over
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Yes he was ordered to pay sm by the judge at maintenance pending suite
Hearing
I don''t want continued sm
I never wanted it in the first place but after he went back on saying I could stay in the house if I payed the mortgage I needed the extra money to make a court application and have some money for a solicitor

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17 Mar 15 #458100 by Nearly over
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If the house was ordered for sale at final hearing won''t the judge want to know how we can rehouse ourselves?
What money are we meant to use if their is nothing?

  • WYSPECIAL
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17 Mar 15 #458102 by WYSPECIAL
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If house sale is ordered then you would have to rent.

  • Nearly over
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17 Mar 15 #458105 by Nearly over
Reply from Nearly over
But we don''t have a deposit ? We have nothing to cover moving costs ? Would a judge not want to see that we at least had enough money to secure a private rented accommodation ?

  • .Charles
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17 Mar 15 #458113 by .Charles
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You would have to have different scenarios planned out. If you stay in the house you will need £x income, £y additional payments etc.

If you were to move out, you would require £x lump sum, £y monthly money to live on etc.

Yes, the judge would need to know this as do you if you are to settle at the FDR.

Charles

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