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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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Am I stuck here?

  • saviolo
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04 Sep 12 #353839 by saviolo
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:huh:
Really hope someone can help me:

I''m currently paying all the bills for the family home - my wife isn''t working and would not be able to pay the mortgage on the house even if she was. We have an overdraught on our main account (from which the morgage and other expenses come)

My question is this -

Right now, I can''t aford to pay for anywhere else to live AS WELL AS paying my mortgage. However, until I''ve been stuck sleeping in the sitting room since January.

I really want to leave and get a place of my own - we''ve now got the Nisi coming through and life is becoming pretty unspeakable. Can anyone suggest a way I can actually get out of this?

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04 Sep 12 #353854 by jonathancj
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Are there any children? What sort of a house is it? What does your wife say about you moving out?

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04 Sep 12 #353867 by saviolo
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Three bedroom house, two children. My ex wants me to leave, but isn''t working or claiming benefit. She''s had mental health issues and is now recovering from them. Our mortgage is repayment, not interest only, and is in joint names.

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05 Sep 12 #353949 by jonathancj
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I don''t see a reason to stay. She is not going to be your wife any longer, so she''ll have to work out for herself how she will fund the household in your absence. There''s only so much that you cab do for your family at this point.

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05 Sep 12 #354099 by saviolo
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Well - I''d love to leave. The problem is the mortgage. as I understand it, I''m still liable for the debt. If I just left and stopped paying it, and my wife had no way of paying it - I''d end up with thousands of pounds worth of mortgage arreas. I''m just not sure how to actually go about extracating myself from this mess. I could just about move out and stay at a relatives for a few weeks (adds about an hour each way to my drive to work....) really just don''t know where to start.

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