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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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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.

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  • Donut723
  • Donut723's Avatar Posted by
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05 Jul 21 #517189 by Donut723
Topic started by Donut723

I'm fairly new on here so here goes.

Basically I want to try to buy out my wife's share of the marital home. I know the split comes down to a lot of factors. I have obtained a fairly large mortgage to pretty much buy out my wife's share as cash. Does the court take into account the fact that there is cash involved (and not a house sale)? I'm obviously going to incur costs arranging the finance, and she will get the benefit of not having to sell the home etc.

I guess in the normal sense if you buy something for cash you might expect a discount!! I just wondered if these sorts of buyouts are seen that way in divorce, and if they can affect the split of assets?

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
05 Jul 21 #517190 by WYSPECIAL
Reply from WYSPECIAL
You’re saving on the fees associated with buying and selling.

If your ex buys somewhere else then she will incur costs, stamp duty etc.

If anything your ex will need a greater share to cover these costs and put her in the same position as you.

  • Donut723
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08 Sep 21 #517667 by Donut723
Reply from Donut723
Great points, many thanks for your help!

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