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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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FDR yesterday - so many questions!

  • ambeljazz
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20 Feb 08 #14487 by ambeljazz
Reply from ambeljazz
Mmm - yes, I see your point Sadie - thank you.

I'm at the point of giving up... I guess its time to accept that the x2b will be in control of our lives for the next 9 years & beyond!

We'll probably never get on the housing market again - I don't earn enough to even raise a mortgage on a 1 bedroom shoebox and his earnings will remain tied to the FMH mortgage. When he is eventually released in 9 years time he'll be almost 50...

For the past 4 years we've struggled so much financially trying to pay 100% FMH mortgage (which is more than double what partner would have paid through CSA) plus rent where we live in the vain hope that his ex would be amicable & between them they could come to an agreement where both would be able to afford a home.

His ex has thrown this back at us & now refuses to agree to anything which would allow us to move our future forward. She has told him that whilst she has the children she will do what she can to make his life as difficult as possible... because he left!

We understand our responsibilities to the children and totally agree that their welfare comes first - but surely there has to be some fairness... its just so wrong that our future is held to ransom by his bitter ex!

Whoops - just realised I've been ranting - I am sorry... phew that feels better! x

  • juttabeck
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20 Feb 08 #14501 by juttabeck
Reply from juttabeck
Fiona is right about the CSA payments, but the CSA will take into account any "joint debts" arising from the marriage that your partner is still paying. You would have to check whether the mortgage falls under this category.

Also, my partner's advice was not to agree ANY sum of child maintenance outside of the CSA rates. The court cannot supersede (sp?) the CSA on that front, and will not order any child maintenance unless agreed by both parties. In any case, any agreement is only enforceable for a year, after which your partner's ex could go to the CSA anyway.

It may also be worth checking with your mortgage company what they will do with the mortgage if it is secured on a property that your partner is no longer on the deeds for - I am not sure how that side of things works either. And will he in that case be able to raise more money against that property if it doesn't belong to him?

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