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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.

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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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Daft question

  • HelenK
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31 May 07 #507 by HelenK
Topic started by HelenK
Hi,
Is it safe to remove one's name from utility bills at former matrimonial home without losing any rights? Sure it is but my partner just needs re-assurance.
thanks
H:whistle:

  • Louise11
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31 May 07 #509 by Louise11
Reply from Louise11
Hi Helen.

Theres no such question as a daft question.
If it worrys you.
But in answer to your "daft question" i am so sorry i dont know the answer! I cant see a problem arising from it, as i am sure the person who lives in the house is the one who should be paying the bills anyway. But hopefully someone from Wiki can tell you the pros and cons of removing your name from bills.

Kind Regards
Louise

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01 Jun 07 #513 by wikivorce team
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Helen,

Similar answer to your last Q on joint tenancy agreements - im afraid im not knowledgable in that area.:(

For people in private homes with mortgages there would be no issue at all in taking your name of a bill.

  • maggie
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01 Jun 07 #515 by maggie
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My ex is still dragging his feet after 3 years over officially changing address - for driving licence/car loans /car insurance etc because he gets a better deal by using this address - when I try to tell them they say he has to do it
I took him off the electoral roll here and I'm gradually tackling the utilities - but it's more complicated than just removing a name - they see it as a change of ownership

  • LittleMrMike
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01 Jun 07 #518 by LittleMrMike
Reply from LittleMrMike
Helen,

If your partner is the joint owner of the former matrimonial home, he can normally only be deprived of that ownership by selling it, giving it away, going bankrupt, being repossessed for mortgage default, and quite a few other things besides, but in his situation he is - correct me if I am wrong - in the middle of a matrimonial negotiation.. As part of the process, a Court, as you know, has the power to re-allocate assets between the spouses. I don't want to comment on the issues because I know absolutely nothing about them.

The issues of ownership and utility bills are distinct and separate, and you can't be deprived of ownership merely because you are taking your name off the bills. But I have a nagging doubt at the back of my mind and it runs something like this.

If your partner takes this step, he is - however marginally - severing ever so slightly his connections with his old home. I know there is an obvious reason for doing that - namely you don't want to pay for a service you have not had. But lawyers know that the accumulation of even small bits of evidence can build up into a picture. In a previous post to you I mentioned a will. It is always sensible to review your will after a divorce. You can still leave gifts to a previous partner but you must make it clear that you intend him or her to benefit even though you are divorced. Relying on a will made before divorce is no use. Although your partner could, in theory, leave his share in the marital home to his wife if the joint tenancy were severed, it makes no sense to make a will before the proceedings have been disposed of, because his ex might get the house anyway.

Helen, surely your partner has a solicitor ? It only takes a phone call to put his mind at ease. Solicitors would be very glad if their clients always asked their advice before doing anything which might prejudice their position, however marginally. I feel that it should not matter if you took your name of the bill but I do not know the whole picture, so ask the person who does.

With every good wish
Mike

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