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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.


Can I say no? Access to house....

  • Northernboy
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30 May 12 #334016 by Northernboy
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Who pays the mortgage? Surely if he does he will be entitle to a set of keys to the house.?

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30 May 12 #334018 by cookie2
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Northernboy wrote:

Who pays the mortgage? Surely if he does he will be entitle to a set of keys to the house.?

Landlords pay the mortgage on their rental properties. But they cannot come and go as they please.

Ownership or mortgage payments do not automatically give access rights.

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30 May 12 #334021 by Northernboy
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So if there is no court order saying your not allowed to go near the house and your names still on the mortgage aswell as paying the full mortgage (well I was until I cancelled it) then I can''t go into it. Been left 4 month haven''t been back at all and don''t intend to, even if I''ve had chance too with the stbx was on holiday with the kids. I''m just asking for reference.

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30 May 12 #334028 by cookie2
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If you were to enter then there''s not much they can do about it. Similarly if she was to change the locks there isn''t much you could do about it either.

You both have contradicting rights, your right of entry, and her right to privacy. Whose right takes priority depends very much on the circumstances.

You''ve been gone for 4 months. Do you think it is reasonable to just walk in? Would you think it reasonable for your ex to just walk into your place?

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30 May 12 #334168 by Fifi100
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Legally speaking as he left the home I have been advised that it would be reasonable for me to express that I need my privacy. He does pay the mortgage but I create a home and look after his children that facilitates his being able to work to do so. I also work part time I might add. Anyway the main reason is because of the kids -it would be very confusing for them and this is the line I am going to take.

Thank you for your feedback. I met a solicitor today who will handle the formalising of our financial arrangements from now on.

Thx F x

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