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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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Not sure what to do next - please advise

  • Nickee
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16 Jun 20 #512864 by Nickee
Topic started by Nickee
My ex is not responding and I'm not sure what to do next ?
Situation
Age -- him 54 Me 49 - similar incomes and pensions
Married for 18 months.
I have one dependent (different father - I receive no maintenance, have always solely provided for her)
he moved into my home 1 month before marriage- value 185k, mortgage 30k
He was living in rental accommodation prior to marriage - when he left the marriage he returned to rental accommodation
During separation, I moved into a new house (money loaned from my parents- 250k) whilst I was selling the 1st house.
My ex then put a home rights notice on house 1 to prevent sale - that was 18 months ago, so I have been forced to pay for 2 houses and still owe parents money.
I am in a difficult financial situation with mounting credit card debt and overdraft - due to change in employment.
I started the divorce proceedings without a financial settlement - decree nicsi due any day.
I consulted a solicitor about financial side and was advised the best thing to do was reach an agreement with him.
I can't believe he is entitled to anything ? When he met me I was in a 3 bedroom house and when he left me I am still in a 3 bedroom house. The money from the other house goes straight to my parents.
I need him to take the home rights notice off so I can sell the 1st house and pay my parents.
He initially went to a solicitor for a financial settlement - but I think he realised this might cost him so he said he was willing to reach an agreement with me.

However, he has now gone quiet and I am not sure how to proceed ?? I would be grateful for any advice.

  • LittleMrMike
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27 Jun 20 #513030 by LittleMrMike
Reply from LittleMrMike
I think, Madam, that you must accept your husband will not throw away his bargaining chip - except on his terms.

However, unless I'm very much mistaken, once you get your decree
( probably the Decree Absolute but I'm not 100 per cent sure ) his
,matrimonial home rights end, and you can ask for the entry to be removed.

One slight snag - the Court has power to extend the order beyond divorce.. But most people don't know that and one of the people I have advised encountered a judge who didn't know it either.

I think I'd play softly softly and wait till your absolute.

LMM

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