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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.


Confused.......

  • KazzyG69
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13 Oct 12 #360769 by KazzyG69
Topic started by KazzyG69
I am in a right pickle - Whatever I seem to do my STBX seems to make life difficult for myself and our children!

I asked for a divorce 2 years ago and due to financial difficulties we were forcd to stay in the home together. Last November after months of mental and emotional bullying, he threatened me with an iron and i finally got two Court Orders against him a Non Molestation and an Occupancy one. He had to leave the property immediately, however, as he is financially able to, he found himself a solicitor straight away and 3 days later the same judge overturned the Orders and he was allowed back into the home under different guidelines. These proved impossible and we were forced to live under them for 8 months!! It was a complete joke and tempers were frayed, he took it out on our 14 year old son who then called Childline who in turn got Social Services involved. Since last November, my stbx stopped paying for anything, yet continued to live in the home mortgage and bill free!

This drove me insane and we went to mediation and he finally agreed to let me and the children stay in the home and he would help out with Child Main and contribute to a joint loan we have secured on the property!

However, this never happened and tensions were unbearable and he threatened me and made us feel so uncomfortable that we were forced to move in with my parents at w/ends when he was in the home (he works away all week) He came back at w/e to use the washing machine and iron!!! He hasn''t paid anything other than child main (i went through CSA in the end) - until today, when his payment should have gone in on Friday, but still isn''t there.

I phoned CSA and they said he cancelled his payment as soon as they had told him he couldn''t reduce it! They are now pursuing him - but god knows how long this will take!!

He hasn''t paid anything towards the running of the home or the secured loan. I am paying all the mortgage! The loan company are now taking us to court on 22nd Oct for reposession! I have filled in all my forms and written a long letter explaining all of this to the judge!

We have other outstanding joint debt and he has taken no responsibility for any of it saying that I will have to deal with it all now!

I''ve been to the CAB and can''t get an appointment with a specialist for two flipping weeks!! I will have been to court by then!

There is no equity in the home, once all the debt is paid and we will be homeless and come out still owing money together - and I''m frightened that he will lumber me with that also!!

I can''t get anywhere with this solicitor that I have to get Legal Aid and I will be at court unrepresented!

I am at my wits end with it all.... Can anyone offer anymore advice that I''ve not done?

He just refuses to talk about money saying its my problem not his! The companies aren''t very helpful either and we have court dates springing up every five minutes!

I''m so worn out and the children are scared yet I''ve run out of places to turn to now........ I''m really worried as my court appearance is a week Monday and I have no solicitor. Do you think I will be forced to give up the FMH? I really think that I will as there is so much debt. I''ve just calculated it all and if we sell at the current market value, we will come out owing £13 grand! Then I will still have to find somewhere else to live! Please if anyone has any answers or opinions...... :(

  • MrsMathsisfun
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13 Oct 12 #360845 by MrsMathsisfun
Reply from MrsMathsisfun
I am sorry you havent had a reply. I dont know what to suggest in your situation. Hopefully someone can help

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