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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.


Debt during marriage remains unpaid

  • stressed1
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07 Aug 12 #347772 by stressed1
Topic started by stressed1
I am now divorced but during my marriage I borrowed my ex husband a substantial amount of money from my inheritance and he confirmed in writing that he accepted it as a loan and would repay it. Alas, he only made 2 repayments and denied all knowledge of its existence during the divorce. It was therefore not pursued in the overall financial settlement.
Can I go to court to get my money back, or obtain a CCJ or charge on his home?

Please let me know as my ex claims is under the impression there is nothing I can do following the Financial order.

Thanks

  • minxy1912
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07 Aug 12 #347799 by minxy1912
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was the thing he signed a legal witnessed document? and have you already settled finance?

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07 Aug 12 #347816 by stressed1
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The Financials were done and dusted and it was confirmed that I would not pursue the loan in the overall financial settlement as my ex had denied its existence and at the time I was just keen to get the divorce done.
I just wondered if I can pursue it now.

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07 Aug 12 #347817 by stressed1
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No legally witnessed document just an email of confirmation from my ex, there is evidence to show the money debited from my account to his and I have his bank statements showing he received it and how it was spent from his solicitor which he submitted during the divorce.

  • hadenoughnow
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07 Aug 12 #347820 by hadenoughnow
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There is not really such a thing as a loan bethween husband and wife because when you marry you commit to sharing everything. As you are divorced and have a financial settlement, the marital pot has been divided and shared out. It does not sound Luke your inheritance was ringfenced in any way.
I really don''t think you have any chance of pursuing this successfully. Sorry.

Hadenoughnow

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07 Aug 12 #347822 by stressed1
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The thing is, that my ex has now finally agreed to me to buy him out, but I would like to offset what he owes me to do so. I thought the fact that it was agreed not pursue it during the overall financial settlement the debt remained a debt.
I appreciate there is no such thing as a debt between husband and wife but it was a loan to his business not him personally.

Please be aware that he is claiming that he wants his money back which he had put into the property and is holding out for it.

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