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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.

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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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FMH AND FINANCIAL SETTLEMENT..help needed asap

  • andysj_3
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22 Nov 07 #7308 by andysj_3
Topic started by andysj_3
My sister got divorced from her husband after a hellish 9 year marriage (he drunk and beat her). Despite my advice she followed her solicitors advice and did Decree Absolute before finances and house were sorted

They have two children (aged 12 and 10) and she lived in the FMH for 2 and half years after he left.He paid mortgage the 2years he lived there as her husband and She paid the mortgage which was £255 initially and then rose to £385 the 31months after he left. She only worked part time and did struggle with this. It was a joint mortgage but he refused to pay claiming he was skint and cos he wasnt living there. he lived in his bosses flat.
They bought the house (ex council)for 38.000 and borrowed 10.000 just before they split up, he got 7000 and she got 3000 which she spent on the house.
It was valued at £145,000 as he agreed to sell due to her moving in with her boyfriend some 70 miles away.(and took the children with her as she is main carer).
She accepted an offer of £124,000 as after leaving the home was struggling to pay mortgage and was threatened with repossession , as had had to leave work due to moving out of area.
After mortgage and solicitors etc are paid there is £68,950 equity left.
She offered her ex husband 70/30 spilt which gave him £20,371 minus £7,000 he had had, £4965 what he should have paid on the mortgage and minus £5000 in lieu of his pension worth £9700 CETV (a year ago) and Sky shares worth approx £18,000 and made an offer of £5,500 more than was actually left from the £20k
and she would sign Clean Break contract etc. Or £12,500 cash and she would seek pension share and half his sky shares. Which he again refused and demanded £15k-£20k.They had initially agreed £15k to him but house looks set to be sold for £21k than the valuation which is where his missing money is and the fact he owes her mortgage money? and already had £7k.(( Can he refuse to sign to sell for £124k even though threatened with repossesion so all parties lose out in theory, or can she go to court quickly and a judge force him to sign to ensure sale goes thru?))
She texted him and said we'll go to court after sale has gone thru to sort out finances. Anyone any ideas or advice which way this would go in court how would a judge look at my sisters position. Is it likely her Ex would come out of it smelling of roses?? or she is beter off making a larger cash offer to him and wiping off what he owes her for mortgage payments etc????
He doesnt even pay full maintenance to her CSA say £265mth, he sends her £150mth.

If her solicitor had been half decent he would have sorted this before divorce was finalised but I live away from her or would have ensured she took my advice as I was given when I got divorced.

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22 Nov 07 #7327 by Specialdad
Reply from Specialdad
Hmmmm its a tough one. It sounds messy.

Probably best to increase the offer and then go to court and have a hearing if he doesnt accept.

You were right it is always best to sort out the Financials before the DA.

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