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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.


Three kids and divorce

  • G.payney
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25 Mar 12 #320036 by G.payney
Topic started by G.payney

  • Lostboy67
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26 Mar 12 #320061 by Lostboy67
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Hi
Don''t worry, the courts will always prioritise the welfare of the children first and that includes their housing and as the main carer yours to.
If he is the mortgage holder he can''t stop the mortgage without risking reposession and ruining his credit history. He can''t force you to sell either, the only way he could do that is if he went to court to order the sale, but then the issue of providing housing for the children should be enough to put a stop to that.
If it is not a joint mortgage you need to register you interest in the house with the land registry.

LB

  • gotmysmile
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26 Mar 12 #320072 by gotmysmile
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whilst I agree in principle with Lostboy, it is not always that cut and dry.

He would need to be able to support the house repayment AND rehouse himself. If he cannot do both, you may need to sell.

In my case, I have three children, work part time and he earns a good wage. Although I did eventually get to stay in the house, I have to fund the mortgage payment and it only happened because we went to final hearing. The Judge asked if I had looked at social housing for myself and the children!

  • dukey
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26 Mar 12 #320084 by dukey
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It all comes down to detail.

How old are the kids,

What does he earn, what do you have in terms of benefits,

How long were you married,

How big is the home, what is the mortgage payment and how long is left to pay,

Were is your husband living now, when did he leave,

I would agree with LB, the housing needs of children nearly always are top of the list, but court cannot make unsustainable orders.

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