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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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Long time between leaving house and making claim

  • Mamacita
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28 Jan 08 #12205 by Mamacita
Topic started by Mamacita
Hello All

I'm afraid I'm going to be one of those people who asks lots of questions but probably won't be much use with advice, although I promise to give you our full story and outcome once we're all sorted. Thanks in advance....

Right here goes:
My partner and his then wife bought the house back in 1994, she paid about £4k deposit,he then paid the mortgage and all the bills while they were together and when she left. She then left in 1997 and basically disappeared,she finally resurfaced on the electoral roll in 2005, so we were able to start divorce proceedings. The Decree Absolute is all done and dusted,however,she would not accept a lump sum payment of £30k to buy her out of the house and we are now due in court as she wants half the house. The house was bought for about £70k and is now worth £250k.
Would she be due half the equity, even though she has made no attempt in the past to contact us? She also wouldn't accept the divorce papers and we had to pay a process server, she was also very slow to get back to her solicitor when we were trying to negociate a settlement figure.
Any help or advise would be greatly appreciated as this is frying my brain!!!

  • TMax
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29 Jan 08 #12215 by TMax
Reply from TMax
I cant help you on whats likley at the moment as my story is more or less like yours, The divorce went through with one hell of a struggle of trying to get paper work together and her to turn up then X left couldnt be found after runing of with large sum of money, blows it all and resurfaces in 2005 demanding more money, share of pension and house. like you my house shot up in value in the years of her being missing so like you IM also miffed :-)if it ever gets to court Ill let you know how its gone :-)

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