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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.


Mortgage?

  • mike_wa
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18 Jun 12 #337440 by mike_wa
Topic started by mike_wa
I am in the process of divorcing my wife but she can''t get the mortgage on her own.

I trust her to make the payments and in a few years she should be able to get it signed over to herself.

Is it possible to sign the Ancillary Relief form so that I am not entitled to claim anything from the marital home whilst still keeping my name on the mortgage?

Thanks.

  • Fiona
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18 Jun 12 #337454 by Fiona
Reply from Fiona
Yes. A mortgage is a contract with the lender and the courts cannot order someone comes off the mortgage. When the former matrimonial home is transferred to one spouse it is usual for their to be a clause that they will use their best endeavours to release the other spouse from the mortgage.

  • Nathan123
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19 Jun 12 #337617 by Nathan123
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It is also usual to obtain an indemnity from your wife should she fail to make payments and the mortgagee then seeking payment from you under the mortgage covenants.

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