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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.


Should I leave the MH.

  • Littleangel
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08 Oct 12 #359792 by Littleangel
Topic started by Littleangel
I have been going through a divorce for 18 months now. I have just had my second hearing.
My husband and I had almost the same savings when the divorce started. My husband has spent all of his money and is coming after half of mine. The judge did say he was not getting my money because it was obvious what he was doing. So I have my savings. Now my Solicitor is saying, if I move out and buy a flat, there will be a 50% charge on the property. Our daughter is putting her house up for sale to pay my half of the property,then move in with her father. This could take years or on the death of my husband. That would mean, I think I could wait for ever to get my money. My Solicitor has said if I don''t move out the Judge may say as I have the money to do so I should have moved out and waited. My thought on this is if my husband had not spent his money he could have paid me my half or moved out himself.

  • LittleMrMike
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11 Oct 12 #360321 by LittleMrMike
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I see you have not had a reply.

But without knowing whether you have an order, it is impossible to advise.

As a start will you please let me know if there is an order in place, and if so, what it says about the house ( exact wording please, though you don''t have to give the address ).

LMM

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12 Oct 12 #360581 by Littleangel
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I have no order, just what the solicitor''s are saying. I have just had another proposal from my husband it is the same as I had this time last year.
Sign the deeds over to him.
Move out.
I will get my half if he dies, remarries, sale the house, or in a postion to pay me!

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12 Oct 12 #360651 by LittleMrMike
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All right, so is the position that you are still negotiating and that what your solicitor is doing, is conveying to you are proposals from the other side ( which of course (s)he is obliged to do ) ?

I am inclined to think that it would be most unwise for you to move out of the house and/or transfer it into his name when there is no legally binding agreement in place. I would strongly advise against your doing that. I feel that I just can''t comment without a more detailed knowledge of the facts.

It is for your solicitor to advise you, that is what you employ and pay solicitors to do. If you don''t understand, ask for an explanation. If you get this wrong then, as you yourself realise, you might have cause to repent at leisure,

LMM

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