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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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Matrimonial Home

  • sayander
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05 Jan 08 #10057 by sayander
Topic started by sayander
I am starting divorce proceedings last week, I stay in the matrimonial home with our 3 children, the oldest is 12 years old. My ex walked out 18 months ago and has refused to talk things over. I have been struggling to pay the mortgage as he cancelled all payments he was responsible for when he left and he will not make any contribution towards the upkeep of the kids.

I was adviced to got to the CSA and I am awaiting response from them.
What sort of arrangements can I expect from the Courts regarding the only asset which is the matrimonial home, the property is jointly owned between us?

Can I apply to the Courts for a transfer of the property to my name? Last year I asked him to transfer the property to my name, sent mortgage papers to him, but he refused to transfer the mortgage to my name and he has also refused to pay the mortgage or make a contribution towards it.

  • Elle
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06 Jan 08 #10092 by Elle
Reply from Elle
Courts priority is to the childrens welfare before all other matters.
Regards the mh...if there is an outstanding mortgage, the bank/bs has to be involved in any transfer decisions....your sol needs to instigate this.
Recent judgements in Scotland are viewing that the person living in the mh has the enjoyment whilst the non resident parent does not and as such should not have to pay unless they can/want to afford this.
Hope this helps....regards
Elle

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06 Jan 08 #10093 by Angel557
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Personally Sayander i would try and come to some form of agreement with him before using the CSA , he is required to pay 25 percent of his net income for your 3 children.That is the calculation the CSA would use.If you have already applied to the CSA the effective date is when they get in touch with the NRP (non resident parent) and case will be back dated to that date.

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06 Jan 08 #10098 by sayander
Reply from sayander
Thanks, the building society was initially involved and granted me a mortgage for the outstanding amount, but he refused to a transfer, so the mortgage offer lapsed after being renewed twice

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06 Jan 08 #10099 by sayander
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I have tried all forms of dicussions, emails, phone calls, friends, relatives but he has moved on an does not want to take responsibility for looking after the children. He won't even offer to take them even if its just for one day nor will he help with taking them any where.

Mine is a case of 14 years of horror which started within a week of marriage. In fact I discovered through the bank January 2007 that he had changed his name, he never told me. As an IT contractor he chose to work away from home for most of the marriage, in fact it was while he was working away that I knew he had left us as I received a redirection letter from Royal Mail. Then he stopped all contact when I questioned the letter with him

His attitude to life is generally to walk away from his mess for other to clear up after him. Last month I received a letter from the BS informing me of a change of the mortgage address, a request which I never submitted.

I have even suggested that if he does not want to give me any up keep for the children he should pay directly for what they need (bus fare to school, school dinners, swimming lessons, school trips, clothing etc)but he never answers any of my calls or emails.

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06 Jan 08 #10109 by Fiona
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In England & Wales the priority is the housing of children, but it isn't the only factor. Whether or not someone should contribute towards the mortgage and bills really depends on the needs and financial resources of both parties. You can fill in a CSA application form online.

Try telling your ex that the potential liability to pay tax at 40% on the capital gains on his share of the former matrimonial home kicks in 3 years after he moved out, but if he won't negotiate there is little alternative from applying to Court for 'ancillary relief' to settle the finances. This doesn't necessarily progress to a final hearing, agreement can be reached at any time. The first step is to identify and value all the assets (including pensions) and debts, then it is decided what is a fair division given all the individual circumstances peculiar to your case.

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06 Jan 08 #10112 by sayander
Reply from sayander
Thanks a lot much appreciated, he is just being difficult, he earns 4 times as much as I do.

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