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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.

Not sure what to do- a beginner

  • nulifenume
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03 Sep 12 #353557 by nulifenume
Topic started by nulifenume
Hi my husband has decided that he does not want to continue with marriage.We are joint owners on mortgage and have a 4 year old. We have been together alsmot 12 years married for 7. He
expects us to live separate lives under the same roof until he "sorts himself out". This is very difficult for me as I no longer feel comfortable in my own home and he is not the type to proactively make a move to get himself organised.

I really do not what to do? I know he has just as much right to be in the house as me but I need to understand what all my possible options are.

If I had to sell the house if necessary I would but he is not keen. I just feel a bit lost tbh.

Any thoughts, suggestions, welcome.

  • QPRanger
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03 Sep 12 #353574 by QPRanger
Reply from QPRanger
Hello and welcome to the forum.

I think you need to talk to him asap about the practicalities of a divorce, especially the financial side of things. There is a load of info on here to tell you what issues need to be addressed: if he is not the proactive type then to prevent things just dragging on I would start things moving if I was you.

Good luck!

  • Fiona
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03 Sep 12 #353591 by Fiona
Reply from Fiona
It isn''t very pleasant living under the same roof when you are separating, but both parties have the same rights to live in the former matrimonial home. In any case it''s more expensive living in two homes and you really need to sort out the finances so that you aren''t left with more debt than you need.

Of course there are times when one''s safety or sanity is really under threat and you have to move out and deal with the finances later. Otherwise the best thing is to focus on settling the finances as soon a possible so you can start independent lives.

A solicitor in possession of all the specific detail can advice where you stand and what options there are. If you can reach agreement between yourselves or with the help of a mediator it will help keep costs down and do the least damage to long term family relations.

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