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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Mediation suggest I leave!

  • Red_Cat
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23 Aug 12 #351529 by Red_Cat
Topic started by Red_Cat
Hi,
In mediation, one of the two Mediators has suggested I leave the home and stop contributing to the mortgage (so I can afford the rent on a flat), because my wife and I will not be able to ''move forward'' because of bad feeling!

We live in a 3 story semi, I am on the ground floor and my wife has the rest of the house. I have the kitchen and bathroom for one hour three times a day to wash and eat. We have two children, 11 and 16.

My instincts scream not to leave and certainly not stop paying half the mortgage. I am losing faith in Mediation.

What does anyone think?

Thanks.

  • Lostboy67
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23 Aug 12 #351532 by Lostboy67
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Hi,
Obviously the mediator has much more detail that you have posted. The usual advice is not to move out until the financial side is sorted out and signed off. The fact that you stop paying the mortgage is fine in principal but if your name is on the mortgage then you are still liable.

LB

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24 Aug 12 #351595 by cookie2
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Lostboy is right, we would need to know all the details to be able to say whether moving out is a bad idea or not. In many situations you would prejudice yourself but in others you lose nothing.

Remember that mediators are not interested in what is "fair" for you or your ex. They are only interested in reaching agreement and keeping the peace. So if one of you loses out they would not be too concerned as long as agreement is reached. A mediator should not be relied upon for legal advice, for that you should see a solicitor.

  • stepper
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24 Aug 12 #351604 by stepper
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Perhaps the mediator should explain the reason for the advice.

  • Red_Cat
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09 Sep 12 #354776 by Red_Cat
Reply from Red_Cat
Thank you all - we are in a good place now, settling the mortgage and now the pressure is off to get out ASAP. I''m really happier to be doing this in good time rather than rushing and making a big mistake.

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