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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.


offsetting the difference

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21 Mar 21 #516156 by WYSPECIAL
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So are you looking for a Mesher Order? You'll remain in the house and pay him at a trigger date?

If that's the case then he can expect a greater share than if you paid him out now as he will have to wait for some years.

You also need to be aware that depending on what happens to house prices you may find that after you have paid him then you may not be able to rehouse yourself with what is left.

As for essential maintenance and mortgage payments, they will be your responsibility as you are living there.

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22 Mar 21 - 22 Mar 21 #516159 by MissH20
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Thank you. I suppose it would be a Mesher order, sale triggered in 7 years. House already paid for. It’s very difficult to work out what is fair and he’s changed his mind about giving me 55% of the house because that would mean I get 10% more of the house than him. Calculated the difference in the pensions to be around 5.7% equity but that is only rough because he’s not including his current NHS work pension and is refusing to get a CETV for it because he’s only been there 4 years and says it will take months to come back. I know I get more money each month but I look after our 3 children. Also bearing in mind that the house needs a lot of essential work (£15,000 minimum) that I will be paying for but he has to wait 7 years for his money from the house. What would be a broadly fair percentage?
Last edit: 22 Mar 21 by MissH20.

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22 Mar 21 #516161 by adiudicium
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A CETV is required for every pension as far as I am aware. When it gets to solicitors being involved (if they are not already) and form E exchange, he'll have to provide a CETV, even if the pension is relatively small.

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22 Mar 21 #516162 by MissH20
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He's got a solicitor and we're not completing form E, only a Statement of Information for a Consent Order in Relation to a Financial Remedy which I think is a form E1 and it doesn't ask for any supporting documents

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22 Mar 21 #516163 by adiudicium
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Have you got a solicitor? With 3 children and a large pension differential I would suggest it would be a good idea to get legal advice. form E is the form which should be completed by both sides for financial consent as part of a divorce. Form E1 does not include a requirement to disclose pensions as it is only used for "other financial remedy" i.e. not the primary application for a financial Consent Order. The court would no doubt reject a form E1 in this situation. A family law solicitor will be able to advise you but I don't think Form E1 will get you very far. Suggest you get legal advice asap.

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22 Mar 21 #516164 by MissH20
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Thanks. I have had a bit of advice from a solicitor and they said 55% of the house would be reasonably fair, without the exact figures for him. Really don't want a court battle which is what he's threatening unless we settle this quickly and says i will end up paying all the costs. Will ask him to speak to his solicitor to see what they think

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