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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.

 

Please help

  • Maggiemay123
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14 Nov 18 #504897 by Maggiemay123
Topic started by Maggiemay123
Hi all,

Really need some help!

About to go to court - first hearing. My husband has been difficult throughout - demands and threats via his solicitor etc..its endless and I feel like I will have a nervous breakdown very soon!

House has sold and the money is with solicitors. He is demanding that I agree for the joint loan and utilities are paid in full Now...

He has refused a Consent Order which is why I applied to the courts.

My motive for not paying the loan is simply because if I do he will drag us through the full three hearings as he has nothing to loose - but I feel if I refuse to pay the loan and hold out that he will be forced to settle?

I am worried I will get into trouble for refusing to pay the loan with the courts?

He's also sighting code stating he lost his job as a result of me calling the police - after he assaulted me. Married for twenty years with two children. A horrendous marriage. He controlled all of the finances and is still trying to control me - four letters to my solicitor in one day! Needless to say I am struggling to pay my solicitors fees and I think this is his motive

I am desperate to obtain a consent order and of course a divorce.

Any help would be gratefully received

  • hadenoughnow
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15 Nov 18 #504904 by hadenoughnow
Reply from hadenoughnow
What was the loan for?

How much is it and how much have you got from the sale of the house?

How is it being serviced?

The court may order that the loan is cleared at this stage if the repayments are unaffordable.

I don't think he'll get far with a conduct claim. It was he who assaulted you..

It may make sense to make a sensible open offer at an early stage. This will be seen by the judge at final hearing. If it is very close to the settlement that is ordered,you can try claiming costs. The threat of a costs claim may focus his mind.

Hadenoughnow

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15 Nov 18 #504909 by Maggiemay123
Reply from Maggiemay123
Hi

Thank you so much for replying!

£100,000 approx. The money is with solicitors. Loan outstanding is £20,000. The bank have frozen interest because of situation but it does affect our credit file - although it has for the last year as the house only sold two weeks ago

We have tried to put offers forward but on the last one he stated that he would not be considering a consent order as would be applying for Code - he states he lost his job because I reported him to the police also his performance wasn't up to scratch during the divorce period. There's a long history of domestic violence but I just wanted it to be amicable. I had to call the police in the end, he began to unravel and it was unbearable. He wanted me to leave and refused to leave, so we lived together trying to sell the house at the same time. Then the assault and I just couldn't take anymore.

So we had to apply to the courts for a financial remedy.

Would the judge make the order on the first hearing?

He told me he would rather give the money to the solicitors than me - and it's looking that way.

The other side in the past have said 50/50 only, he's said the same and wont budge.

Both children live with me. His pension is £150,000 mine is less than £20,000. He earns £60,000 I earn £17,000. We offered 70/30 - he refused point blank and stated code of conduct - so therefore putting any stop to negotiation.

He's demanding that I agree to pay of the loan in full from the net proceeds now!

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