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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.

Consent Order and Decree Absolute

  • Snowmonkey
  • Snowmonkey's Avatar Posted by
  • New Member
  • New Member
01 May 21 #516591 by Snowmonkey
Topic started by Snowmonkey

I’m buying ex out of marital home. After the Consent Order has been stamped by the Court, is it better to get the house equity & mortgage transferred into my sole name before I apply for Decree Absolute?

I understand that interspousal transfers whilst married are CGT free.

Thank you

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
02 May 21 #516594 by WYSPECIAL
Reply from WYSPECIAL
More usual to do it afterwards within time scales set within the Consent Order.

If you transfer the property into your sole name while still married it remains a marital asset. The cash you give you soon to be ex may be diminished before you get a Consent Order and they’ll then want a bigger share of the house.

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