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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.


Concern over signed declaration

  • greengoblin
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21 Aug 12 #350938 by greengoblin
Topic started by greengoblin
I signed a declaration from the bank to remove my name from the mortgage I previously shared with my ex with the intention of transfering it into her solename. The idea behind this being that I would not make a claim on the FMH we shared for 9 years in order to proceed with the divorce asap. She has been obstructive and unwilling to negotiate on the seperation agreement since then. I am now at the point where I wish to force the divorce through the court. I am also now reconsidering not contesting the home in order to meet my legal costs that she is forcing me into paying. Does the fact that I have signed this take away any legal right or weaken any claim I have on the property? My name is still on the title deeds of the property, conveyancing has not yet taken place. Any advice would be greatly appreciated

  • upbeat
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07 Sep 12 #354441 by upbeat
Reply from upbeat
I''m no expert by any means but I beleive that..
She could try and use this in court but if curcumstances have changed then the judge will look at all and make a decision on what is fair. Even when a Consent Order is drawn up if the judge does not beleive it to be fair they can ask you to appear before them to clarify if you are both in agreement and understand the implications of any orders that may be made.
but as I said I''m no expert in this but I think that the judge would want to make sure that you both have made a financial disclosure to each other and know the full story before making a decision.
I would suggest trying to get a free half hour with a solicitor to check out options if not sure :)but keep it amicable with the ex if you can and do most of the negotiations between the two of you to keep costs down
Good Luck xx
Good Luck

  • Fiona
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07 Sep 12 #354447 by Fiona
Reply from Fiona
It doesn''t matter whose name is on the mortgage, in Scotland any asset accrued in sole of joint names between the dates of marriage and separation form the matrimonial pot. However, you really don''t want to go to court if at all possible. It can be a tedious and expensive procedure even if you represent yourself. Most settlements are arrived at through mediation or solicitor negotiation.

To avoid any confusion in Scotland the finances are settled by a Separation Agreement rather than a Consent Order.

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07 Sep 12 #354451 by upbeat
Reply from upbeat
Ah sorry didn''t notice the flag Doh!!

  • Fiona
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07 Sep 12 #354452 by Fiona
Reply from Fiona
That''s OK, I''ve done the same thing myself on occasion. ;)

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