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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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Need Consent Order to remortgage

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11 Jul 12 #342421 by divorce_not_easy
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Hi,

I am currently going through divorce proceedings as the Petitioner. I am waiting to get the Decree Nisi.

At the same time I have applied and been accepted for a remortgage on the FMH. I am now at the point where the conveyancing solicitors want to do the transfer of equity.

My ex wife has agreed to handover ALL the equity to me because I put down all the deposit (approx £50k) and money used to do up the house. There is now about £75k equity in the house. She doesn''t want anything to do with it all.

The conveyancing solicitors now want a Consent Order before proceeding with the remortgage and transfer or equity. I am considering using the wikivorce service to obtain this.

What I would like to know is will the court consider this a fair split? We were married 2.5 years before we separated and lived in the FMH (first house we owned) together for 6/7 months before she moved out.

To reiterate - the only asset worth anything is the house and we have agreed that I have all the equity and we go a separate ways. Is it likely that this will be accepted by a judge?

Thanks in advance.

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11 Jul 12 #342425 by dukey
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Do you have children from the marriage?.

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11 Jul 12 #342426 by divorce_not_easy
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Sorry for leaving that bit out...

There are no children.

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11 Jul 12 #342429 by dukey
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Then your fine its a very short and childless marriage and you are simply reinstating to a premarital position.

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11 Jul 12 #342433 by divorce_not_easy
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Ok cool - so to confirm....

We were married for 2 years before I inherited the money used to purchase the house. I put this down as the deposit and used the remaining to renovate the house.

We lived there together for 6/7 months (sharing the mortgage repayments) and when she moved out she continued to pay towards the mortgage for 2/3 months and then stopped.

She has agreed a number of times to just signing over her 50% of the equity to myself.

So based upon this you don''t see any issues with the Judge thinking it wasn''t fair?

I appreciated your quick responses - it is nice to have access to support like this!! :)

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11 Jul 12 #342436 by dukey
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Yup you have it right.

This is a very short and most importantly childless marriage, as such it is usual to take back what you brought to the marriage and share any profit or debt from the time you were together.

The judge is not there to stand in the way of agreements made by you and your wife, simply to make sure its about fair, you and her have agreed, that`s actually what judges want to see.

At most a judge can refuse to seal an order making it binding, that wont happen here.

If your bored have a read of Foster v Foster 2002, short childless marriage you both take what you brought.

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11 Jul 12 #342446 by divorce_not_easy
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Excellent - thank you very much for your assistance.

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