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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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Mortgage Repayments - Sale of House

  • LittleMrMike
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13 Jul 12 #343049 by LittleMrMike
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Carol, he may have to pay the agent for the valuation, the chances are that the agents provided a free service on condition they get the business.

But if he is a joint owner he can just kybosh the whole deal by refusing to sign.

LMM

  • CarolB_1958
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25 Aug 12 #351935 by CarolB_1958
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Hello All,

Feeling the need for support at the moment. The house is on the market, and I have seen a solicitor and am starting divorce proccedings, ex got a letter from my solicitor advising him of that.

He is not happy states he cannot afford a couple of grand for a divorce. Stated he thought we would just split everything 50/50 and did I think he would rip me off therefore no need for solicitors.

Tried to explain that because of his recent actions I felt I needed to get everything done properly, legally. He is strong willed and feel he would have stood his ground and "browbeat" me to a certain degree and i could have lost out.

Well he is now looking at replacing his car!!! Said he would need a loan.... so he cannot afford to put the house on the market, cannot afford a solicitor but can a newer car. Can I stop him doing this??

Think he is happy the way things are at the moment, he comes and goes as he wants, but has a nice home and the chance to see his daughter when it suits without putting himself out.

Daughter has been off school for the summer holidays, says she wants the house to sell as she can not bear all three of us in the same house but will not do anything towards the house work!!

Sorry if this seems a little trivial but it is really getting to me.

thanks for listening.

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26 Aug 12 #351966 by LittleMrMike
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Carol, I do not want to sound unsympathetic here, and the decision whether you should divorce is up to you, but from what you are telling me, it sounds very much as though your x2b will not co-operate in a sale, and if he doesn''t co-operate, there is nothing that you can do to force the issue until you have a Court order under your belt.
Even if you get a buyer now, I suspect he would simply refuse to sign the contract and there is nothing you could do about it, unless you have an order.
I answer to your question, no, you can''t stop him buying a new car but it''s all a question of reasonableness. L:ife has to go on, even during a divorce, and if the car is an old rip and ready for the scrapyard, and he needs a car, there is nothing wrong, in principle, with him buying one. I stress, in principle ; if he buys an unnecessarily expensive vehicle and then argues he can''t afford to pay maintenance because of the loan repayments, he is likely to get a very dusty response from the Court.
LMM

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26 Aug 12 #351967 by MrsSadness
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Yes, excuse me from butting in, but excellent advice there from LMM, Carole. Only you can decide how to proceed from the immediate situation you are in. I am sure you will continue to get lots of support in here from this fantastic site, full of nice kind and knowledgeable people freely giving of their valuable time. But excellent advice there, from LMM, and hope it all works out for you. Kindest regards.

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