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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.

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sale of FMH before financial settlement agreed

  • rosiegirl
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11 Jan 08 #10485 by rosiegirl
Topic started by rosiegirl
I am awaiting the decri nisi at the moment and have been going to mediation for a while to work out the financial settlement details but ex is now refusing to finish the mediation and is sending me his "acceptable" options. It now looks like we are close to agreeing a sale on the FMH hence my question.

What is the ramifications for me of exchanging /completing a sale on the family home before we have agreed the financial split? Our two children live with me in the FMH. I'm scared me and the children will end up homeless or in a weakened position re the financials. Any advice would be appreciated.

thanks

  • mike62
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11 Jan 08 #10487 by mike62
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I know the market is slow at the moment rosie, but I would not agree to anything until he has agreed the finances. In My Humble Opinion, losing the sale can be replaced, blowing the asset of the family home by selling under duress is the wrong thing to do.

Best of luck and take care

Mike

  • topaz
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12 Jan 08 #10501 by topaz
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Rosiegirl,

PLEASE!! listen to advice Mike gave you. Don't sign anything under duress, did that myself years ago and struggling with the consequences of it now.There's too much at stake and it isn't worth the hardship it could and probably would cause.the matrimonial home is your most important asset.
Don't make the huge mistake I did.SPEAK TO YOUR SOL BEFORE YOU AGREE OR SIGN ANYTHING.

  • Elle
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12 Jan 08 #10514 by Elle
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I agree with Mike and topaz...my experience was that the sols pressured me to sign agreement when i was in a very vulnerable position ......he gets 75%...I get 25%...he has the kids, career and pensions...I was starting from scratch....career, home etc.....but it meant the sols didnt have to face the sheriff and could make a mint....I strenuously suggest you sign nothing till u are ab sure it is in your best interests and not that of any lawyer or x....
Elle

  • rosiegirl
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12 Jan 08 #10518 by rosiegirl
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thank you all for your advice, its much appreciated. feel very low and vulnerable at the moment - want to get the divorce over and done with now even though its my ex who wanted it (can only take so much rejection!)and don't want to loose the house sale but you are all right - i must be careful too.

  • Josh2008
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12 Jan 08 #10520 by Josh2008
Reply from Josh2008
Agree with all, do not sell under duress

If you have already been to mediation then you probably have a good idea of what you each want out of it finacially, I tend to sometimes just sit back look at the whole picture and decide from that.

I must admot though other days I think completely diffeently, so stuck in a quagmire at the moment, but nothing as yet even remotely agreed, only time will tell.

Allow yourself whatever time you think you need to not only get over the emotional upset and anxiety of the 'Divorce', once you start to get over that, you can begin to look at the future and once again look at the whole picture

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