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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.


LOAN / DMP / HOMELESS

  • PETAL
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07 Jun 07 #646 by PETAL
Topic started by PETAL
:evil::sick:
Directline are taking me to court as I am offering token payment until house is sold. They wont take token payment and are asking for the full amount or the arrears back. I have shown them my budget and the reason why I cant pat - basically Hubby wont cough up 1 penny so its pay mortgage / eat / leccy and all that plus solicitor bills.
All other creditors who I owe a similar amount to are accepting as they know house is for sale.Already got defaults and was trying to avoid ccj. Worried now baliffs may come round as I have no cah. On saying that all valuables he left with.The reason I cant pay is as ive been left to pay all the things in joint names.

Gonna be homeless when house sold anyway - will judge at fdh have the right to make someone homeless? Ive no other place to go and also ccj and defaults mean no new mortgage and have pets so no rentals. Dont judges have any responsibility to maknig u homeless.

Help

  • LittleMrMike
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07 Jun 07 #647 by LittleMrMike
Reply from LittleMrMike
Hi Petal,

My heart goes out to you. It looks to me as though you have been badly let down. Your position, on the basis of what you tell me, looks serious. No use blaming the judge ; it's not his fault and it will get you nowhere. He will ask himself the question whether you can possibly meet your mortgage commitments. That looks unlikely to me. So it is likely a possession order will be made.

Your position regarding possible homelessness will depend on a concept known as priority need. I am afraid that, to advise you, I need some information which you have not given and I can;t advise you without it. These questions will seem instrusive. I would not be asking them if the answers were not important. They may seem pointless, and I can assure you they are not. You have my full permission to send me a private message rather than putting it on this site for all the world to see. So here goes.

1. What is your age ?
2. Do you live in England or Wales ?
3. Are you pregnant ?
4. Do you have dependent children and if so, what age.
5. Are you, or any member of your family, disabled ?

If I know the answers to these I can talk to you more sensibly.

I hope I will be able to help, or at least to show you where to go for help. Good luck.

Mike

  • LittleMrMike
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07 Jun 07 #649 by LittleMrMike
Reply from LittleMrMike
Hi Petal,

My heart goes out to you. It looks to me as though you have been badly let down. Your position, on the basis of what you tell me, looks serious. No use blaming the judge ; it's not his fault and it will get you nowhere. He will ask himself the question whether you can possibly meet your mortgage commitments. That looks unlikely to me. So it is likely a possession order will be made.

Your position regarding possible homelessness will depend on a concept known as priority need. I am afraid that, to advise you, I need some information which you have not given and I can;t advise you without it. These questions will seem instrusive. I would not be asking them if the answers were not important. They may seem pointless, and I can assure you they are not. You have my full permission to send me a private message rather than putting it on this site for all the world to see. So here goes.

1. What is your age ?
2. Do you live in England or Wales ?
3. Are you pregnant ?
4. Do you have dependent children and if so, what age.
5. Are you, or any member of your family, disabled ?

If I know the answers to these I can talk to you more sensibly.

I hope I will be able to help, or at least to show you where to go for help. Good luck.

Mike

  • PETAL
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09 Jun 07 #691 by PETAL
Reply from PETAL
Think you kinda missed the point

I can pay the mortgage thats not the problem. The problem is my soon to be ex taking this down the ancillary relief process and costing more than the money will be left in the pot.

If I didnt have the divorce / solicitor court rubbish I could afford the house.

Dont go down the council route I live in the sticks no council houses.

I do kind of blame the judge as the legal system should not allow court cases to start if no assets are to be fought over, just a money making scheme for solicitors.

The outcome £0.00 pounds and the next hearing £3,000 sol bill. If the courts told the applicant to settle out of court then some money may have been left.

  • tigstheterror
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13 Jun 07 #769 by tigstheterror
Reply from tigstheterror
Hi Petal,if Bailiffs come don't let them in,there is an act in place called the THEFT ACT 1968 which basically means they cannot come in and seize goods for monetary gains its classed as theft.Even if its been done through the courts they forget about the act!! Please type it into search engine and it should come up! Let directline take you to court just show the magistrates your budget,tell them you have offered them a payment to suit your budget but they have turned it down and the magistrates will not allow Direct line to take the full amount ,worst case scenario if the courts do make an order you can fill in a instalment plan through the court but stand your ground with Direct line.I'll add you as a freind and see if i can mail you to give you my number to be able to give you more advice if thats ok? Take care,Sherri x

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