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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


How Long Can I Live Here?

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15 Sep 07 #3397 by scottishlady
Topic started by scottishlady
Hi...
This is a theoretical question....
I know that somewhere down the line I will have to move out of my home of 20 years.... okay, I can live with that....
but who decides when the house has to be sold?
Does it get sold after we (or more likely the court in our case) come to some sort of agreement about finances?.... I am just SO unsure of the procedure.... Do we sell it after the divorce is finalised or before?
I would be grateful if anyone could shed any light on this for me....
I have no idea what the outcome of the financial side of our divorce will be but until I actually know I can't make any plans about housing etc, and I am just wondering how long I might actually be able to stay in my home...
I hope all that makes sense:S
Thanks for any advice
Karen

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17 Sep 07 #3493 by scottishlady
Reply from scottishlady
............ sorry, just need to add.....
can I be forced to sell before the finances etc are sorted?

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17 Sep 07 #3495 by Fiona
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17 Sep 07 #3496 by scottishlady
Reply from scottishlady
Thanks Fiona.... that sheds a little light for me
Karen

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17 Sep 07 #3499 by gone1
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Hi Karen. No you cant be forced to sell if you are a stakeholder in the property. In other words your name is on the deeds.

You need to decide what you want. If you want to keep the house etc. It pays to have a plan. Start with the money.

Roughly the process is this:

I am assuming you will be divorcing your STBX.

Issue divorce proceedings (Pettion) this gets the divorce underway. He signs pettion and returns it to the court. Now there is a long delay while the court process it. Could take 3 months or more.

Make sure that the pettion has been signed and returned. Then apply for ancilory relief. This is form A and costs £210. This takes months and months. But eventualy you will get a date from the court for your 1st hearing. In the meantime fill out form E. This is a 28 page document that descibes your financial position. Your soon to be ex also must do the same. You must exchange your form E's on the same day. This is set by the court. They give you a timetable of when you must do this.

After you have exchanged form E's there is another form (soz I forgot what its called) bit it describes your differences and you can ask for more discolsure (I think) at this point.

You have your 1st hearing and the judge does a bit of yarping about the process. You can also ask about disclosure at this point. At the 1st hearing he looks at the case and if it needs it the case goes on to FDR.

Most cases are not settled at 1st hearing. Most go onto FDR. This is Financial Dispute Resolution. Its a longer hearing where you keep get sent out to resolve the issues between you. If it cant be sorted out here then it goes onto FH (Final Hearing) and if you cant decide the court decides for you. You also get a different judge.

Ok understand that? Its complicated. And I am sorry that I am not clevor enough to deal with all this. I dont have the bottle anyway. I have a solicitor acting for me for the bits I cant do.

I self repped in a non mol case and I can tell you I got eaten alive. The judge gives you no RES for self repping. I dont need to be kicked around any more. If I was you I would go seek legal advice. This aint a playground and they dont take prisoners. My ex had a sol and she just wiped the floor with me. I think I said 3 words!!!

But some on here do self rep and my hat goes off for those that do. They are far braver and clevor than me.

I have a copy of the form E pdf and the explantion notes. If you want it PM me.

Chris.

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17 Sep 07 #3507 by scottishlady
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Thankyou Chris - that was very helpful... Yes, I have filed the petition... and he says he has returned the acknowledgement of service.
Unfortunately, my name is not on the deeds or the mortgage....
I HAVE registered the home rights thing.
Will I be 'worse off' because my name isn't on the deeds? - that is re 'the selling of our home'?
We have been married for 17 years, and lived in this house for 20 years...

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17 Sep 07 #3510 by gone1
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Yes, no and I dont think it matters. Yes in that I think he can just sell it from under you. No you can put a stop to the sale becuase a divorce is in progress and it dont matter becuase you are married and everything is in the pot no matter who owns it.

I would contact your brief about it though. I would also get on with ancilory relief as soon as you can becuase these things drag on for months. You know it makes sense. Chris.

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