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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.

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 valuation

  • sunday lunch
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15 Sep 12 #356133 by sunday lunch
Reply from sunday lunch
It is high court in the UK, and it is not queens bench, it is family proceedings/Ancillary relief.

Sorry I am not well informed into legal matters.

Do you think I should get independent valuer to value FMH, I don''t think my ex will cooperate and have a joint one.

  • LittleMrMike
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16 Sep 12 #356143 by LittleMrMike
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Sunday Lunch

You could be wasting your money if you are not careful.

There has been a good deal of discussion about the use of the word '' Master '' and I must admit, a few very flippant thoughts crossed my mind, but I has assumed you were referring to a judge of some description.

If you are going to have an independent valuation that is fine, and it may be necessary, but in cases like this, one or two things must happen.

Either the valuer is appointed by agreement ; or
The valuer is appointed by the Court.

Neither side can appoint an independent valuer on his or her own. The reason is obvious ; both sides must agree that the valuer will really be independent and not, for a example, be a close friend of one of the spouses.

The terms of reference of the valuer are important.

If the property is to be sold the valuer is asked what price the property could reasonably be expected to fetch if sold on the open market.

If the property is not to be sold then the valuer is acting as a referee, as it were, and as there will not be a sale, the valuer is asked for a professional opinion of what the property would fetch in the event of a hypothetical sale.

LMM

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16 Sep 12 #356166 by soulruler
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Well you could get several estate agents valuations and see if your husband agrees and you agree. If you cannot agree ask the court whether an independent valuer should be appointed.

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