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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.


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  • Saffs
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25 Sep 12 #357805 by Saffs
Topic started by Saffs
Still waiting for mediation form but getting prepared anyway to post everything off asap!
Quick question...ex refuses to re-mortgage with me and currently paying capital repayments that is killing me financially and stress and worry adding to the mix. (He changes his mind periodically so just before he went away with ow on holiday he said he would "co-operate" until an agreement is made in court. Then said he was given legal advice not to enter into any financial agreement with me). I understand this but what do I do in the mean time...even if we are ordered to sell the house this could take time and have to get through Financial hearings first. Problem is I cannot remortgage on own (work part time) or buy him out and he refuses to state what his intentions are re house (am guessing he just wants me to not pay it and house be repossessed?) Three children under 11 so trying to cause least possible disruption and rental property in area would be bigger than mortgage!
Anyway...sorry...rant over...question is...do I put covering letter with Financial Application to say that property is in joint names and what current situation is or is the fact that I am requesting MPS will be enough? Help...drowning in financial mess!

  • Elphie
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26 Sep 12 #358077 by Elphie
Reply from Elphie
Firstly, speak to the bank about either taking a payment holiday, a few months might be enough for you to start receiving mps, and / or reducing the repayment to interest only. Find out if they can do this on your say so alone, or if they need your stbx sig as well. You might find your stbx will sign this as it doesn''t involve remortgaging nor does it benefit him to have the house repossessed.

Secondly, check your benefit entitlement as a single mum. You are entitled to mortgage relief on your half of the mortgage (if you meet the criteria for mortgage relief, bit like housing benefit) but it isn''t a well advertised benefit so you need to ring your local job seekers office and request an application form.

Finally, if you were granted mps, you could use this to pay your mortgage. So I think the fact that you are requesting mps is enough - I am assuming that part of the application includes details of your out-goings such as mortgage, so I don''t think wou need a separate covering letter about it....hopefully someone with more legal knowledge will be along to confirm.

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