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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.


Leave or stay?

  • Lena3
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21 Apr 12 #325570 by Lena3
Topic started by Lena3
Hi. Could you please advise.
I have filed divorce against my husband on the grounds of domestic violence. The house mortgage is on his name, should I leave or stay? He constantly threatens and abuses me and my son. People say if me and son leave we will lose everything form the house. My solicitor also says we should stay. But I cannot continue like this any longer.

Many thanks,

Elena

  • perin123
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21 Apr 12 #325577 by perin123
Reply from perin123
Hi welcome to wiki. I am sure someone more experienced will answer you, but this is how I understand it.

Whose name is on the deeds for the house?
If it is both you have a right to the house. If not I think you have to register your interest in the house, how I''m not sure.

If you and your son are being abused then I would say leave, you cannot live like that. Have you anywhere to go?

xx

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21 Apr 12 #325608 by Lena3
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Thank you perin,the house mortgage is on his name though I have registered home rights.
Yes, he is abusing us, shouting and threatening all the time.I''m looking for a property to rent. I worry, if we move out, would we lose our share of the settlement in future. He refuses to leave and plans to stay in this house forever.

Thank you.

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