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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.


Hello!! - Please help!!

  • JK2012
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30 Sep 12 #358608 by JK2012
Topic started by JK2012
Hi all - being new to this site I really could appreciate some advice. I''ve been separated for over a year now and left the former marital home at the same time. I have two children one is 15 and another 19. We had our own informal agreement whereby I would pay 20% of my net take home pay to include my share of the mortgage costs i.e. £600 per month in total - £200 to be used for my contribution to the mortgage with the remaining £400 for the children. This was fine until my 19 year old left college and I dropped the payment accordingly. My ex then reported me to the CSA and I am now paying more than I was for 2 children plus my contribution for the mortgage!! - The upshot is that I just want a divorce and have no problem instigating this but what are the implications regarding the property? Who makes the final decision regarding the property and its sale? and who will continue to pay the mortgage if my ex wants to stay there until my youngest child reaches age 18 after we divorce? Any help would be greatfully received!!

  • Serendipity100
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30 Sep 12 #358644 by Serendipity100
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One years sep - so you can not divorce unless on UB until another year based on 2 years sep. By then your youngest will be 17. Best to negotiate re the marital home and come to agreement and get it drawn in to a Consent Order.Hope this helps.

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30 Sep 12 #358656 by JK2012
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Many thanks for your response and your suggestion regarding the consent order - unfortunately my ex will not speak to me at all, so I feel I have no option but to start divorce proceedings on the grounds of UB as I can''t really wait for the two year anniversary in view of the new financial demands presented. As I mentioned in my original post I really need to find out when would the decision regarding the former marital home and mortgage repayments be made and by whom? Many thanks

  • gerimine
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30 Sep 12 #358669 by gerimine
Reply from gerimine
Hi
Your options for a financial settlement which takes into account not only the matrimonial home but spousal maintenance, pensions, savings etc. are mediation or solicitors, you would both need to give a financial disclosure and if you can agree a settlement this is put into a consent order and stamped in court.
If no agreement can be reached the only way is to apply to court for an order which can be very expensive and best avoided if possible.
There’s a 0800 number at the top right of every wikivorce page, there are some solicitors who offer a free or fixed fee appointment, ring a few, or speak to citizens advice bureau.

Hope this helps

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30 Sep 12 #358670 by confused 101
Reply from confused 101
Don''t wish to seem harsh - but the amount your now paying for your 2 kids is the right amount ... before the CSA were involved you were clearly paying too little.

If you want to sort other finances out I would offer to enter mediation.

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30 Sep 12 #358674 by JK2012
Reply from JK2012
I want to pay maintenance but when I have to pay this plus the mortgage also as well as rent on my new home and other new household expenses then it starts getting a little overwheming as I''m sure you can imagine - we had an mutual agreement which worked well but she has gone back on that and just seems intent on bleeding me dry!!- mediation is out of the question - I''ve asked her solicitor to consider this but she has refused

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