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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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property

  • belly
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24 Nov 07 #7589 by belly
Topic started by belly
I have recently got divorced. My problem is that my ex is insisting that he has a share of my parents property which they have signed over to my sister and me as early inheritance. Years ago my sister and I gave my parents the money to buy their house (they were struggling to pay their mortgage)it was a small sum as they bought with their right to buy council home. The money came out of our joint account. By the same token we were supplying money non stop to my ex's daughter (this was both a second marriage). My solicitor seems to not have a clue, so do I change my solicitor or just let it go to court and let a judge decide?

  • attilladahun
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24 Nov 07 #7608 by attilladahun
Reply from attilladahun
Clearly as the properties are in you and your sisters name it is relevant

BUT

only as a "resource" you will have in the future....I am assuming your parents still live there...

So H does in no way get 50% of your share etc.

Where it comes to be relevant is for example the DJ may be happy to approve an order which approves a Clean Break if your housing needs are met and you can properly manage and "adjust without undue hardship".

One factor of concern is when children leave home wives may not be able to pay off mortgage or manage if she have little pension -if the likelihood is you will inherit when your folks pass away -then the Court will see the sense in the order.

If you know the assets the solicitor should give you a clear indication of the likely settlement.

Rather than sacking the solr which can cost more if a new solr has to read all papers it is relatively inexpensive to get a written opinion from Counsel -certainly no more than £250+VAT tops.

As a rule of thumb unless H can show you will not get the £ within 5 years (eg relative has terminal disease) it will be ignored.

I persuaded a DJ recently my client's father (and sole parent) of 89 and worth £100K with my client the only child-the inheritance was irrelevant as the old boy may have to go into a nursing home ultimately.

When you realise this it puts a different complexion on the matter!!!

Best of luck

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