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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.


Meshed order

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05 Jun 12 #335112 by fluffy76
Topic started by fluffy76
Hi everyone,
I finalised my divorce two years ago and obtained a Mesher order 60% to me. There is also a property abroad which is to be split 50/50. My question is: if I were to receive half the proceeds from the foreign property could I offer it as part payment towards buying ex''s share?
If I did offer this, can he refuse? It would mean me then owning 80% and him 20%. Please advise.

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05 Jun 12 #335113 by .Charles
Reply from .Charles
If you are both in agreement you can vary the terms of the agreement although this should be documented to ensure that you both understand the ramifications of what you are doing.

Your ex could refuse to cooperate particularly if you were not buying him out in full. If you had the wherewithal to buy him out completely this would be a different matter entirely but what you are proposing is to diminish his deferred charge at the bottom of the market without releasing him from the charge in its entirety.

Charles

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05 Jun 12 #335125 by fluffy76
Reply from fluffy76
I know it''s unfair but thought I''d ask. He''s just bought a new house so I thought the money might come in useful now rather than in 10 years time and it would suit me but I will probably just save it up and see if I old possibly pay him off then.

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