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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.


FMH Question

  • osb
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10 May 12 #329653 by osb
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Hi,

The divorce is long since done and dusted, but I have found out recently that my ex wife has taken a lodger.

Although this doesn''t bother me per se, my ex was granted the FMH, as it is the children''s home. As such, the settlement left me with a meagre amount from the equity in the property with which to restart my life.

Why I''m concerned, and why I''m asking this question is that the house it three-bedroomed, and the girls are now sharing a bedroom. Are there any avenues available to reopen the issue of the FMH, as the basis for the agreement has obviously changed?

Many thanks,
Sam

  • jonathancj
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10 May 12 #329705 by jonathancj
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Not if there''s a Consent Order in place, no.

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10 May 12 #329712 by osb
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Jonathan,

Thanks for your response.

The divorce was a "Clean Break", however I do have a retained percentage interest in the property, which will realise on transfer of ownership, my youngest daughter reaching 18 or my ex wife''s remarriage (whichever sooner).

I''m assuming that a Consent Order would still need to be in place, but would appreciate your clarification with this further information.

Many thanks,
Sam

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10 May 12 #329714 by cookie2
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If you have a Clean Break, that is a Consent Order.

There''s not a lot you can do if your ex wife decides to take in a lodger. Just like there''s not a lot she can do if you decide to move in with Megan Fox. It''s signed and sealed, and can''t be changed now.

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10 May 12 #329719 by osb
Reply from osb
Just what I suspected. Thanks both for your help.

Sam

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