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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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NEED HELP ASAP!! AM I BEING SET UP

  • familyhelp
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14 Oct 07 #4701 by familyhelp
Topic started by familyhelp
found out 6 months ago that I have a serious illness.. hubby has been acting strange with our finanicals ..
we had a fight due to no food in our home, his wanting to open a store under his name only. he left on a so called business trip ..leaving my 3 children and I without funds. after 8 days without word he called and stated that someone was coming to sell our home..

we have been married for 15 years.. stupidly I didnt even know anything was wrong ... my ? can he sell our home from under me. we purcahsed it together ..but its only under his name.. I need to know what can be done NOW ..So I have time to find a solicitor..

THANK YOU@!

  • LittleMrMike
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14 Oct 07 #4705 by LittleMrMike
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What you must do, madam, as soon as you possibly can, is to register matrimonial home rights against the property. It is neither difficult or expensive. Get this done right away. See a solicitor URGENTLY.

If you have reason to believe that your husband is trying pull a fast one on you the Court has powers to intervene to prevent this. But the matrimonial home rights is the first and most important step. This will prevent your husband selling the home or mortgaging it.

Mike 100468

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14 Oct 07 #4706 by familyhelp
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THANK YOU .. is there a site where Icould finds waysofprotecting myself .. asin funds for food.. is he allowed totake assets from our home? .. can he treaten me that he will take our kids from me ifI fight him ?

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14 Oct 07 #4707 by scottishlady
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Familyhelp.....
I am in a silmilar situation to yours... in that my husband left and took all our money...
As Mike says, the FIRST thing you need to do is see a solicitor ASAP to register the marital home rights..... that way, he cannot sell your home out from under you!
Secondly... have you no money of your own that you can use to buy food etc?....Maybe with 3 children, you don't work, so I would phone/visit your local DHSS office... and ask their advice.... I believe there are 'emergency' measures that may be available to you, depending on your circumstances....
Do you have family? Could they possibly help you short term?
Try not to panic.... I know it's difficult not to (I did).... but, deal with the 'immediate issues' of protecting your home, and feeding your children... then, you can deal with whatever else is 'happening'....
Tomorrow, if you can do the things that myself and Mike has suggested... the 'urgency' will be less...
Karen

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14 Oct 07 #4708 by familyhelp
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thank you for answering ....I have no family available .. and yes I am a stay at home mother ...he runs all the family funds..
I was suppose to be hospitalized next friday.. for cancer treatment.. a friend offered to stay with my children while I receive my treatment.. I am trying to keep a levelhead but its very hard... I will do as you both suggested but have no funds forthe fees... how could I have been so stupid..he has hisown accounts and only reg. an account for me for household..etc.. I now see that that account is empty..
will they allow me to reg. matrimonial home rights if I dont even have the funds for the fee? .. thank you

  • Sera
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14 Oct 07 #4709 by Sera
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Don't let him intimidate you!!!

It would be hard for him to sell over your head. The property is not vacant, you and the kids live there. You can register your matrimonial home Rights (as already advised)> This will alert anyone attempting to buy the property - of your interest in it.

He has abandoned you, and you still need the house to live in, regardless of whos name on the Deeds.

I imagine in a Divorce, you would probably keep the house until the youngest child reaches 18. Your ex could keep an interest in the property, but may not get any money out of it until then, when you could downsize, and sell. (This is sometimes extended to the youngest finishing full time education).

So, he's wrong!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

He can't shaft you from your house, without a Court Order. His solicitor can't ask you to go either. Sit tight, get financial help through DHSS, make an application for Child Support (25% of his take home pay for three kids usually).

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14 Oct 07 #4710 by Sera
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I just googled this:

www.landregistry.gov.uk/assets/library/d...public_guide_004.pdf

It's from the Governments Land Registry web site. I think (?) you can apply for free on-line ??? Check the site... You need just the address. I paid a solicitor to register mine, (it was complicated because his late-wifes name still on Deed, so had to provide a copy of her death certificate, and my marriage certificate).

If you see a solicitor, some will give you a free consultation, advise costs etc. They will assess you for Legal Aid.

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