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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.

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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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Not earning anymore and still have to pay her mortgage

  • StunnedDad
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10 Aug 20 #513626 by StunnedDad
Topic started by StunnedDad
Hi

Am not earning any more due to covid. There is an undertaking given a few years back to my ex to pay her mortgage while we settle matters. She is not keen to resolve and has been delaying a financial settlement.

Can i explain to the court that I cant afford to pay 2 mortgages (mine and hers). And hence stop paying her mortgage

Also is an undertaking different to a financial order? Mine is an undertaking not a financial order.

  • Djsmith
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24 Nov 20 - 24 Nov 20 #514868 by Djsmith
Reply from Djsmith
As for my understanding if your X has signed a Court undertaking that to pay the mortgage why are you paying for the Mortgage?
Unless l have missed something?

I'm in the same position and (Not paying) my x has played the pandemic card and has taken 6 months holiday on the house in which she will pay back once the house is sold.

A financial order is a type of Court Order which details how you and your ex-spouse will deal with your finances upon divorce. Once you have obtained your financial order from a court, the arrangements detailed in it are legally binding.

An undertaking is a promise to the Court. An undertaking to the Court is as binding as an Order of the Court. For example, where a person gives an undertaking that they will take a certain action, the Court will require that person to take that action as if the Court itself had ordered the person to take the action.
Last edit: 24 Nov 20 by Djsmith. Reason: Added section

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