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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.


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Property rights

  • Vonnie
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14 Aug 07 #1992 by Vonnie
Topic started by Vonnie
I am looking for a bit of advise. My husband is addicted to ganbling and although I have struggled to help him over the last ten months he cannot give up his addiction. In Feb the house went up for sale and we both lived here (him on the sofa as he had been - his choice for three years.) Three weeks ago he moved out as he had found a new partner but agreed to pay for the mortgage until the house is sold. I stayed here with our 14 year old son. His new relationship has finished and he wanted to move back in , but I have said no - the weeks he has not been here has shown me just how stressful the whole marriage had been over the past five years. He did not take this too kindly and has told me that I cannot have certain people back in our marital home without his permission. Shouting about injunctions and things. I was wondering if this is true? does any one know?:(

  • Dobber
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14 Aug 07 #1994 by Dobber
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I think if he is still paying the joint morgage you cannot stop him moving back in unless you get an injuction. Whereas stopping certain people visiting well, cant help you on that.

Dobbs

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14 Aug 07 #1995 by Fiona
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L

  • Vonnie
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28 Aug 07 #2535 by Vonnie
Reply from Vonnie
Thanks for that advise, So there is nothing I can do. What about if I moved out? I can not afford to pay for two accomodations so will have to default on my half of the mortgage. I really do not want to live with him again and am willing to give up my half of the house profits if that is so. I have already lost most of my savings to help him with his gambling debts in the past. I would really like to start again with my son. I am trying to sell the house but the market is very slow at the moment and he will not drop the price because he needs all the money he can get. If it does come to it that I have to live with him for a few months apart for it being very stressful, very near impossible and damaging to me and my sons mental health, what tips can anyone give about living in this kind of enviorment? Please:S

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28 Aug 07 #2538 by Tinny
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Vonnie
Im not the best qualified to give advice but please dont do anything rash. Obviously we dont know the full story here but if there is equity in the house why would you let it go completly.

Im not saying "bleed him dry" but you have a 14 year old and need to provide a home, that doesnt come cheap!

Maybe if you posted some figures it would help the more knowledgable posters tell you what you might be entitled to. Maybe there is not enough equity to fight over but without the figures its hard to know. The starting point seems to be 50:50 but to go beyond this more information is needed.

You also need to be careful with your credit rating if you default on your mortgage.

Tinny

  • gone1
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28 Aug 07 #2542 by gone1
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Hi Vonnie. Tinny is right about your cred rating. At the end of this you will have to live somewhere with your son. Have you sought legal advice? You should be able to get maintenence pending suit which will help you out. You could also try a non molestation and occupancy order. I got one slapped on me but thats another story.

You are between a rock and a hard place. Why did you wait so long? Five years on the sofa is a long time. Chris.

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