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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Legal charge

  • Sussex25
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05 Feb 21 #515669 by Sussex25
Topic started by Sussex25
I divorced my ex 11 years ago and a charge put on my property for a small percentage of the equity. My ex died just over a year ago andno mention of this was made in his will. Can i remove the charge now.

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06 Feb 21 - 06 Feb 21 #515680 by WYSPECIAL
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Have you paid the percentage due?

If he has died it will probably be payable to his estate so you probably won’t be able to remove the charge until you have repaid the debt, if it isn’t mentioned specifically it will form part of the residue of his estate.
Last edit: 06 Feb 21 by WYSPECIAL.

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06 Feb 21 #515681 by Sussex25
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The percentage wasn't paid as it was due to be paid this year. What does the residue of the estate mean

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06 Feb 21 #515682 by WYSPECIAL
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The residue is what is left after specific gifts to named individuals are paid out.

If he hasn’t left his percentage of the house to specific named people it will be split amongst the beneficiaries.

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07 Feb 21 #515687 by Sussex25
Reply from Sussex25
The beneficiaries are our 2 sons and they've said they don't want the money

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09 Feb 21 #515738 by hadenoughnow
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Check the wording on your order. Death is usually one of the things that will end the charge. You will need to make an application to lift it. You may well need a solicitor to help you as it is a bit complicated. Or read up on lifting charges and what you need to do. I imagine you will need to provide the death certificate and a copy of the order.

Hadenoughnow

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09 Feb 21 #515740 by Sussex25
Reply from Sussex25
It does say

Pursuant to section 15 of the Inheritance (Provision for Family and Dependents) Act 1975 neither the Petitioner nor the Respondent shall be entitled upon the death of the other to apply for an order under Section 2 of that Act, the court considering it just so to order.

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