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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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  • twinks
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18 Jan 08 #11081 by twinks
Topic started by twinks
About to file for divorce, after i have worked out what i am entitled to.

Our home is is my name but hubs pays the mortgage. He is threatening to stop paying. We have 2 children, both are registered disabled. (4 and 8)

I cant work as I have been there main career. Ideally me and the children would stay in the house, as its their home and i want them to be on familar and safe ground, until things are calmer. In time yes we will move to somewhere else.

I have £800 a month coming in with child benefit and DLA.

Even though the mortgage is in my name hubs has remortgaged a few times, so the costs have gone up to £1600 per month with another £400 on top for insurance.

Question. Can i get the payments reduced for an amount of time until I have either got a job or win the lottery:woohoo: Can i make him carry on paying the mortgage and bills?

My s2bxh is very nasty and would rather make himself bankrupt so he doesnt have to pay me a penny. He owns 2 properties and i have been told that i can get a charge put to get my share. There are also 2 other endowments, one in his name, and one joint. He has run up personal debts of £120k so he could justify going bankrupt, and doing cash in hand jobs.

I want this to be a calm split, where we both play fair for our childre, i just need to know, if he plays dirty what can i do.

  • DownButNotOut
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19 Jan 08 #11194 by DownButNotOut
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Twinks,

With 2 young (disabled) kids it is almost certain that the court will do everything it can to enable you to stay in the marital home.

One action you might consider taking immediately is to ask the mortgage company to switch your mortgage to interest only which will save you 25 to 30% on your monthly payments.

If he attempts to claim low income and therefore pay no spousal maintenance then the court would likely award you a greater than 50% share of assets ...perhaps something like 70% for example.

The judges are wise to the kind of tactics he seems to be ready to deploy....so dont worry too much.

I think you will get justice...the UK family courts are very protective of the children and parent with care.

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20 Jan 08 #11206 by twinks
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Thanks downbutnotout (love the name btw:) )

Now for the other kick in the gob, the mortgage is interest only, he has remortgaged so many times that £1600 is the interest only payment.

I still find it hard to believe that 2 people can fall in love, get married have children and then it turns out like this. I knew that i should have stayed a crazy cat lady who took in stray cats :woohoo:

twinks

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20 Jan 08 #11221 by gone1
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Thats a huge interest only mortgage. If the house is yours (it is if its in your name and I must presume that the deeds and the mortgage are in your name only). I would think its best to settle this mortgage by selling up and moving to somewhere you can afford. There is no way U can pay 1600 + bills on 800 a month. As its your house he does not have covenent to pay. How did you get 1600 a month of 800 a month income? Also 400 a month is a huge amount for insurances. I pay 25 a month for building and contents. Thats with accidental damage. I dont have life cover as I dont have anyone to leave it to. The cats home gets it all ;)
Chris.

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