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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.


Seperated for just over two months!

  • Martboy2012
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17 May 12 #331063 by Martboy2012
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Hi,
I really need some general advice on the following:
Wife left the home just over two months ago and had informed me that she wants a divorce and for me to leave the home or she will go to court to force me out, she will not admit she has left and is still having post under her name delivered to the house. I have two sons aged 21 and 23 living with me, whereas she "considred her housing needs" by moving in with her parents. I am really unsure on how to proceed with this.
Thanks everso for any guidance :(

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17 May 12 #331064 by cookie2
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Tell her that you will not be moving out. She cannot force you to move out simply because she wants to. It is your home just as much as it is hers and you have a right to live there. Don''t worry about these idle threats she is making.

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17 May 12 #331068 by Martboy2012
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Cookie,
Thanks for your reply, difficult times and not really thinking correctly. I will not move out willingly, but I have been told that I could be forced out by the courts. :ohmy:

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17 May 12 #331076 by cookie2
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Who told you that? Your wife? It is completely untrue, unless there has been domestic violence of some sort, or there is a threat to the safety of your wife or children.

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17 May 12 #331083 by Martboy2012
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Cookie,

Thanks again, there is no issue of domestic violence (from me anyway), wife can be nasty sometimes though! But she is not living at home as she left on 08.03. so I have no worries on that score, she also visits when I am not there and sometimes when I am there also. There is no immediate aminosity at the moment, but this will change no doubt when I say no to leaving! I have been told I could be ordered to leave through an "Occuaption Order" ?? Wife had been diagnosed as suffering from ME a few years ago, and this coupled with a fairly low income (working part time) seems to indicate that she will gain occupancy, even though I have been diagnosed with depression... No threat to sons, as they are grown up and we are all very close!!

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17 May 12 #331101 by cookie2
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Whoever is giving you this advice, I do not think they are very reliable. An occupation order is extremely unlikely in these circumstances. It is your home. Why would a court order you to leave? Courts do not make orders simply because one spouse wishes it. They have to follow the law.

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17 May 12 #331109 by Martboy2012
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Cookie,

Cheers, you are right, maybe I am listening to bad advice from someone who has gone through a divorce!!
I will go and seek professional advise, but sometimes answers like your''s give a little confidence to go and do this without expecting all bad news - Thanks again mate..

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