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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 occupancy

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03 Jul 12 #340872 by bluefairy
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Hi

If I moved out of FMH against my will but for peace could I then apply to move back in with our kids during court divorce. Any questions please ask.
Thanks
Blue

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03 Jul 12 #340879 by Fiona
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Unless there is evidence of abuse it can be difficult moving back into the former matrimonial home once you have left and are housed.

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03 Jul 12 #340883 by Action
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I just don''t see how it could work unless your STBX agrees. I believer that the longer you have been living away the weaker your case is as your STBX has a right to privacy.

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03 Jul 12 #340887 by bluefairy
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There was abuse, and I am not in permanent secure home situation, I am still jointly liable for mortgage and mortgage company won''t remove my name anyway. Police were called prior to my moving out I agreed to go temporarily until finances could be settled and for the sake of kids. Ex has been diagnosed as bipolar 1 (manic depressive) and he constantly as spending sprees (but pays mortgage late keeps showing on credit report) he is still aggressive and abusive I have had seven phone calls from him this evening so far I also called police last week due to his behaviour (they warn him but no arrest) now he wants to go to court to ask that he stays in house while I am in unstable situation re: housing. Thanks for reply

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03 Jul 12 #340893 by Action
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I am so sorry - what a dreadful situation. Have you been out of the FMH very long? I''m afraid that I do not know the legal implications but you obviously can''t share the home with him.

I hope someone else on Wiki can help soon.

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03 Jul 12 #340895 by cookie2
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bluefairy wrote:

There was abuse
Police were called
Ex has been diagnosed as bipolar
he is still aggressive and abusive
I also called police last week due to his behaviour

In light of all this I do have to wonder, why in the name of all that is Holy, would you want to MOVE BACK IN with someone like this?!?

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03 Jul 12 #340898 by bluefairy
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Hi
he moved out initially and I lived there for nearly 3 years with kids he would constantly force his way in shouting and screaming at me in front of kids he stole some jewellery and sold it and stole my bike and sold that when I was out. The finances are super complicated (would be a very long post) he exhausts me and I work full time I have suffered from extreme stress now for a long time so needed to get out he actually went into house and put my things in bags (he brought his brother to further intimidate me on that day. I have been out of house for one year he as applied for divorce this week haven''t had sol. letter yet.

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