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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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i need help please!

  • Tammy1979
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07 Feb 08 #13126 by Tammy1979
Topic started by Tammy1979
my husband and i have just split up. we have been marries for three and a half years. i have a 6 year old daughter from a previous relationship, and we have a two year old son together. i am currently living in our house and he has moved in with his parents. he keeps telling me we have to sell the house, but i really want to stay here as this is the kids home. its close to thier school and all their friends.
can he force me to sell? we have about 50k equity, but how much should i be entitled to?
am so confused can someone please help?

  • mike62
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07 Feb 08 #13128 by mike62
Reply from mike62
Tammy,
First of all - calm down! Horrific as it all is, nothing is insurmountable.

You need to tell us a lot more about your financial circumstances to give you an idea of what could be done.

Value of your house
Outstanding Mortgage
Equity

His income
Your income

Any debts - joint or his or yours?
Any other assets over £500

Any savings or investments
Any pensions - him or you

Whatever happens, the law will protect you and you will not be destitute.

Your marriage at 3.5 years is not a long one, but neither is it a short one. Therefore it is unlikely that the 'take out what you brought in' rule would apply

That said, you have young children and the housing needs of the children are paramount, so there are may ways of dealing with this.

Post up some more information, and someone will give you an idea of what might be possible.

Mike

  • mummybear38
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07 Feb 08 #13139 by mummybear38
Reply from mummybear38
Agree with Mike all the way Tammy. I know you will be in a state of shock at the moment but try to remain calm. I would speak to the benefits agencies first to make sure you receive proper child tax credits or working tax credits if you are working. It was a surprise for me to find that I could in fact have remained in the FMH had I wanted because of the level of tax credits I was awarded as a single mum. I choose not to simply because of the memories etc and was lucky enough to find a suitable home for me and my 3 children within a stones throw of the old house and feel happier for calling it my own home. Get some advice from a solicitor too, they don't bite and have a mine of information to hand some of which can be helpful. As far as Family Law is concerned the welfare of the children comes first before you and/or your husband and they have a right to remain in a home suitable for their needs and this doesn't always mean having to sell up. Of course this is dependent upon whether you could actually afford to run the house on your own but as it is early days you need to find out a realistic figure for your future income without your husband. I know things will seem terribly gloomy Tammy but try to keep your chin up and talk to friends and family whenever possible. Jeannie

  • phoenix1
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07 Feb 08 #13143 by phoenix1
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Tammy
First of all I,m sorry that you are here on this site but welcome anyway. You will find loads of people on this site that are where you are or a bit more down the road.You will find that we are all in the same boat and a lot of your questions will be answered on here and also you will make a lot of new friends. You are not alone and someone on here will always be holding your hand.

Take care

Broken1

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