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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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Obligations pending consent order and divorce

  • bradstone
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04 Jul 07 #1152 by bradstone
Topic started by bradstone
We have agreed everything financially and are having the Consent Order drawn up
The FHM is up for sale and my wife will remain there until sold
I am continuing to pay the mortgage until sold and my wife has agreed to pay the household bills and I am switching the Direct Debits over to her account


I have agreed to pay 15 pct CM and am not asking for the usual 1/7 discount and will also continnue to pay for private health insurance for the little fella

My question is am I obligated to pay CM now or the fact I continue to pay the mortgage until sold is that considered as contribution towards CM

Any help appreciated


My quest

  • pinkfish
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05 Jul 07 #1158 by pinkfish
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Hi there,

as far as I understand it CM is seperate from any other finance you have agreed to pay. Hope this helps you and that no hiccups occur in getting the consent order.

Pinkfish

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05 Jul 07 #1166 by wikivorce team
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bradstone,

Based on my understanding of your current situation....

You are not currently legally obliged to pay the CM and the mortgage.

You are contractually obliged to pay the mortgage to the bank based on the loan agreement you signed.

You are morally obliged to pay the CM.

Once the Consent Order is in place then that will dictate what you should pay - but until then there is nothing in place legally to stop you paying mortgage or CM.

Obviously you can see the potential consequences of stopping to pay:
1) Stop mortgage and bank will be on your case (and hers if it is joint)
2) Stop CM and she will be upset and may even go to court for interim order or to CSA.

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