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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.


House agreements

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19 Jul 12 #344186 by firsttime
Topic started by firsttime
Me and my husband have split up but are still living in the house we both own.

Things are getting tough though and I want to look to move out and rent somewhere until our house sells (been on the market 3-4 months). He can''t afford to buy me out but can afford to live there on his own.

If I were to move out and we draw up an agreement that I''m still entitled to my share even though I''m no longer contributing to the house, does this need to go through solicitors to be legally binding even if we get witnesses? We don''t want to have to involve solicitors at this stage.

Amy

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19 Jul 12 #344189 by cookie2
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Technically no, it does not require solicitors, you can submit it to court to become legally binding yourself. But it would be a very very good idea to have a solicitor check it on your behalf before signing a Consent Order. You don''t need to "involve solicitors" as in start arguing or sending each other letters, you just need to ask one to check the document for loopholes before signing it. It shouldn''t cost much at all and will not cause any fighting.

From what you''ve written, being still entitled to a share, you''d have to be careful. What if he decides not to sell? This is the kind of situation a solicitor can check, to make sure you''re covered and have the option to force a sale at a certain time. Otherwise he could just keep living there forever.

It''s not a good idea to sell the house, move out or change house ownership until you''ve got a consent order in place.

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