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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.

 

Cost obligations as part of a consent order

  • Silenthill
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24 Sep 23 #521814 by Silenthill
Topic started by Silenthill
After 2 years I have finally managed to get my ex to agree to reach a settlement proposal.
Her side have now drafted a Consent Order, based on my draft consent order from earlier in the year.
The offer to divide equally is more than generous given I live in rented accommodation with our two children, while she has solely occupied the FMH (which is on the market) for the last two years.
We both earn the same, and I get nothing towards the children, but I'm willing to go 50/50 just to get it over with.

A clause in the consent order from her requires me to continue to make mortgage payments, but also to "be liable to pay 50% of the cost of any routine maintenance or structural repairs provided that no work is to be completed to the Family Home without the prior agreement of both parties in writing or an Order of the Court."

Given she solely occupies the house, I think it's only fair that she maintains any wear and tear.
Would it be reasonable to decline the obligation to maintain a house she's living in?

My other worry is that I'm obligated to pay 50% of the mortgage until the house is sold, which if she manages to keep rejecting offers means she gets to live in the FMH as I continue to pay half the mortgage, is this standard practice, and is there any wording I could use to mitigate this?

I'm hoping that an hour with a Wikivorce solicitor will help with this.

  • WYSPECIAL
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26 Sep 23 #521817 by WYSPECIAL
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I’ve not seen the rest of your figures but personally I would reject it and request that those points be removed.

Presumably she pays the full mortgage now? If not then why not?

What routine maintenance would be expected to need to be carried out on a house that is going to be sold in the next couple of weeks/months? I wouldn’t expect any further wear and tear either. It’s sold as seen.

  • Silenthill
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26 Sep 23 #521821 by Silenthill
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Sadly no. She decided that as both names are on the mortgage, we both pay half.
If I stopped paying, she would default knowing that it would affect my ability to get a house in the future.
She's more than capable of paying, but just won't.

I'm interested to know what wording went into other consent orders when a property was to be sold.

  • Silenthill
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02 Oct 23 #521864 by Silenthill
Reply from Silenthill
Just adding feedback;

I took out the Wikivorce Legal Advice on Financial Settlement (wikivorce.com) , and just wanted to say how invaluable and excellent the service provided by Brethertons Solicitors was.
I have had a solicitor from another firm up to this point, and spent tens of thousands of pounds, but the hour through tis service was absolutely invaluable.
The solicitor took the time to read through my documents, addressed all of the concerns in our meeting and gave me exactly the information I needed to move things along.
I really wish I'd done this a year or two ago. Great service.

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