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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.


is any of this correct?

  • vampire80
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10 Apr 12 #322767 by vampire80
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hello, i am currently obtaining as much information on my situation as i can before i decide what to do for the best. my latest discovery is that should we part our home would have to be sold so my husband can pay back the money he was leant by family members to buy the house. only a portion, the house was paid for by the sale of the previous property and the loan made up the amount needed. the house is in his name only, he has also told me that if we temporarily seperate i would have to move out with the three children, i have nowhere to go, he thinks i should stay with parents but thats not possible. is any of this correct? am i able to ask him to leave? also, would i be entitled to any legal aid should i decide to take things further?
many thanks :)

  • Marshy_
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10 Apr 12 #322773 by Marshy_
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Hi 3star. You need to tell us a lot more than you have said. The most important thing is length of marriage.

If its short, like 2 or 3 years, then you would probably not get a lot out of the sale. If its a longer marriage, then you should get a larger sum. If you will be the main carer, then usually, the PWC, gets a bigger slice. What this means in practice is that you stay in the home and either sell the house and split the proceeds when the kids reach a certain age or, you buy him out or, you sell and you get the lions share of the proceeds.

Lastly, you dont need to move anywhere. This is yr home. U have kids. And it doesnt matter who''s name is on the deeds. You are married.

If you are worried in case he just sells the house and evects you, you can register yr interests with the land registry to prevent this from happening. C.

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10 Apr 12 #322783 by vampire80
Reply from vampire80
hello, thank you for your reply. marriage is nearly 11 years, i am a stay at home mum with three children 3,4 and 6, hence question re legal aid :(

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10 Apr 12 #322785 by Marshy_
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Eleven years then yes thats a long marriage and you will be entitled to proper chunk of the finances. The kids are too young to leave anyway. So stay where you are and tough it out. C.

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10 Apr 12 #322845 by cookie2
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3star* wrote:

our home would have to be sold so my husband can pay back the money he was leant by family members to buy the house

False. Loans from family members are often "soft loans". Does he have paperwork to support these "loans"? Has there been a regular schedule of payment history already? Would his family sue him if he were not to repay these "loans"? If the answer to any/all of these is "no" then you''ll probably find that the loans will be considered his problem, not yours. Certainly a court would never make 3 children homeless to enable a soft loan to be repaid.

the house is in his name only

This makes no difference whatsoever. But you should register your home rights with the land registry (form HR1).

he has also told me that if we temporarily seperate i would have to move out with the three children

False. DO NOT move out. Tell him that if he wants to separate, he is welcome to move out. Neither of you are obliged to move out, and if you do, it may disadvantage you financially, so once again, DO NOT move out.

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10 Apr 12 #322863 by Crumpled
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Hi I am so sorry but can only reiterate what the others have said but also I believe many solictors offer the first half hour free for divorce stuff so draw up alist of questions and go and ask they will be able to advise you re legal aid stuff as well
i think your husband may be in for a shock!

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