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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 Adjustment Order

  • Jane2002
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19 Nov 07 #7016 by Jane2002
Topic started by Jane2002
I am petitioning for unreasonable behaviour due to the respondent's constant habitual drinking and consequent not working which has progressively got worse over the last five years. I have already transferred the house deeds into my sole name and paid an amount to him which he signed, accepted and moved out three months ago. Would he be able to request for further payment with regard to the transfer of deeds at a later date? :(

  • Specialdad
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19 Nov 07 #7019 by Specialdad
Reply from Specialdad
Not usually unless he can prove he signed

1. Under duress.

2. While mentally incapable.

3. Was done fraudulently.

4. It was not witnessed.

5. The amount given was not a fair price on the valuation of the property.

B)

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19 Nov 07 #7021 by Jane2002
Reply from Jane2002
Hi there and thanks for your reply. He received a letter from my solicitor advising him to seek independent legal advice, which he chose not to, his friend (the local publican!) witnessed the signatures of both of us. He did make a vague comment regarding the amount but when we bought our first house, my uncle 'gifted' us £40,000 and at a later date another £20,000 to be taken from my inheritance on his subsequent demise. These amounts were not split 50/50 in the amount paid to my x2b but 'ignored' With that in mind, if he applied for a property adjustment, may a court find in favour of me forking out more money for him?

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19 Nov 07 #7022 by Specialdad
Reply from Specialdad
Court will not amend the order unless

1. There was a long marriage ie more than 5 years

2. There are minor children involved

3. There is a not Clean Break agreement in place

4. The other party has not been able to be properly rehoused on the funds received

If he is not seeking legal advice then you have nothing to worry about I guess

B)

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19 Nov 07 #7034 by Fiona
Reply from Fiona
If there was no Consent Order or imposed order settling the finances each party may still make a claim against each other, although there is a rule which prevents someone who is remarried applying for ancillary relief.

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