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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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New to the forum- Need your advice

  • Foxy
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26 Sep 07 #4005 by Foxy
Topic started by Foxy
Hi everyone.
Could you please share your thoughts on my situation...I got married in 1997 after a brief relationship.At the time I was living with my 2 year old as a council tenants. My ex moved in with us. A year later we had a child together.He was working and I was a stay at home mum. In 2003 I applied to the council for right to buy on the flat. Because he was working I had to add his name to the mortgage and deeds.A year later we bought a house, again joint ownership and rented out the flat. The rent from the flat paid for its mortgage and part of the mortgage on the house. After living in the house for 4 months, he moved out. That was in March of 2004. In July of 2004 we got divorced.At the time we had an agreement that the flat would be transfered into my name and I'd live in the house until the kids are 16, then sell it. After a while he changed his mind and decided that he wanted the flat sold,equity split 50/50 and the house would be on my sole name. This was in May of last year. I had the solicitor who dealt with the divorce involved hoping that the agreement would become official.The flat got sold, my ex got 31k but unfortunately my solicitor stopped replying to my emails (I was abroad at the time).
About a month ago my ex sent me an email asking for the house to be sold and he wants 60%. I have now returned and live in the house with the two kids. He has never paid a penny in child support and has made no attempts to contact them.
Ever since the split I have been responsible for the mortgage payments and although it was rented out when I lived abroad there was no rentla income, in contrary I had to add to the rent to cover the mortgage, maintenance, etc.On the other hand he took out some loan without me knowing that he didn't pay back, and the loan company has registered a charge against the property.
He lives in a flat not far from us but doesn't want us to know his address but I'm worried that he might start harrasing us again.
I have been to see a solicitor who told me that this might take a long time to get sorted and I have to start with the E form. I'm also worried about the solicitor/court costs :(I'd appreciate your advice...thank you.

  • Fiona
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27 Sep 07 #4019 by Fiona
Reply from Fiona
Often the longer finances are left the more complicated it is to sort them out, I'm afraid. I would talk to your lawyer about ways to try and keep costs down such as keeping correspondence and phone calls to a minimum and agreeing to deal with several issues at a time when feasible. Writing down specific points you wish to raise before you talk to your sol can help keep conversations short and focussed. ;)

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