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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Property and Rights of Occupation

  • VicHSwan
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20 May 21 #516771 by VicHSwan
Topic started by VicHSwan
I was stuck in a very uncomfortable situation...I am living with my partner on his property. His wife left in 1991 but still was working here. It is a pub. Wife decided to divorce my partner. There is someone who is ready to buy the property and the business. In the meantime my partner became seriously ill from cancer and pub/business had to be close.
I am looking after my partner 24/7 with no help from outside (mainly risk of COVID). I have got nowhere to go.
Today I got the documents; the solicitor introduced me to waiver my rights.
What are my rights? What should I do?

  • hadenoughnow
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22 May 21 #516781 by hadenoughnow
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If you are not married or in a civil partnership and there are no children to consider, I am afraid your rights are minimal in terms of the property. It would be property law that applies.

If the place is being sold I imagine you are being asked to sign to say you will vacate and have no claim in the property or business. You really should seek legal advice before signing anything.

When did your partner and his ex divorce? If there was no legally binding financial settlement, a claim from her may still be possible. If the property/business is in joint names she could get half unless there is an order stating otherwise.

What are your partner's plans in terms of housing??

Hadenoughnow

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22 May 21 #516782 by VicHSwan
Reply from VicHSwan
Thank You for Your message.
Me and my partner run the business together. There are no children between me and my partner or his wife and my partner.
My partner is not divorced , they waiting for second hearing but he has got palliative care already (by video).
When the property is sold we are going to rent a house.

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23 May 21 #516790 by hadenoughnow
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Is this a financial hearing you are waiting for? Have they got Decree Nisi?

I am truly sorry for the situation you find yourself in. You may want to explore how best to protect your interests ie if there is a pension or anything. Your partner should make a will and there may be other steps that would be sensible.

I think organisations like MacMillan can be helpful in these kind of circumstances.

Hadenoughnow

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