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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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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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will i become homeless

  • stresseduk
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08 Aug 12 #348050 by stresseduk
Topic started by stresseduk
After 20 years with a dishonest liar i now face the prospect of being homeless.As i have worked around him working away and three children, i cannot get a mortgage. He wants us out the house and to rent would be £200 more than the mortgage.i am in court for final hearing in oct. After the fdr the barrister picked up on the fact he had withdrawn over £12,000 in cash in the year he let as well as all utility and other bills being paid for by his card. I knew he had been stashing money, but why should we suffer for his dishonesty. Sorry seems so unfair.Very scared.:(

  • dukey
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08 Aug 12 #348062 by dukey
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Courts hold the childrens housing needs more often than not at the top of the list of to do`s, its far from over, i assume a final hearing was listed or about to be, its not over until then.

I know its very hard to stay calm when you have kids but courts get it right way more often than get it wrong, when it is wrong there is the appeals process, you have a barrister who has spotted some skulduggery, leave it in his/her hands and that of the judge.

Easy to say and hard to do but soon it will be over and you and the kids will be able to move on, hold that thought, oh and tea helps.

  • LittleMrMike
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08 Aug 12 #348066 by LittleMrMike
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Can you please clarify one or two points in your post.

You say there is a final hearing in October. May I assume that this has to do with the divorce and is not a repossession hearing.

Secondly, you mention children. Are any of them still dependent ?

It is always the primary objective of a court to make sure that the parties do not become homeless. If the fdr made a recommendation that had this result I would be very surprised indeed.

Thirdly, you mention dishonesty and lying, etc etc. Unfortunately, this goes on, but surely you drew the Court''s attention to it ?

LMM

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08 Aug 12 #348077 by stresseduk
Reply from stresseduk
Hi thankks for your reply. The final hearing is for the financial settlement.My boys are 20, 16 and 10. The 10year old spends half the time at his fathers.I am unable to get a mortgage in my sole name and to rehouse in rented would be more than i am paying on the mortgage.I have offered toleave his £300,000 pension alone if he will let us stay in the house until the youngest is 18.I,m very scared

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08 Aug 12 #348079 by LittleMrMike
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I''ve sent you a PM.

LMM

  • julie321
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08 Aug 12 #348087 by julie321
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Stresseduk

Although I cannot give you any advice I sympathise totally with you. I feel though that Dukey is right and the courts will put your children as a priority. I too am in a similar situation only my daughter is eighteen and will leave for uni in October.

I stand to loose my home as I will not be able to get a mortgage and buy stbx out or even buy somewhere smaller with my share I feel. So I will have to try and rent which will cost double what the mortgage is now, but the law does not take behviour into account so you can be left homeless as long as the OP gets their share.

Wishing you all the best and I feel your outcome will be so much better due to the ages of your children. Take care.

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