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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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Transfer of equity pre consent order

  • soon2bsingle
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13 Feb 08 #13818 by soon2bsingle
Topic started by soon2bsingle
Hi all, hoping someone can offer some pearls of wisdom

Married 19 years, discovered his adultery in October last year, he moved out 2 weeks later.

Have tried to reconcile during which time he started another relationship!

Have now agreed to uncontested divorce due to adultery and the following financial arrangements -

Youngest child still in full time education to remain with me - Eldest child has left home now. Soon 2bEx visits child occasionally but they do not spend any time at his home.

Transfer of equity in FMH to my name

Both our pensions left untouched, his being much larger as I worked part time while raising our 2 children.
Maintenance to be paid for youngest @ £450 pcm

We are both happy with these arrangements however my conveyancing solicitor suggested transfer of equity shouldn't proceed without the Consent Order being finalised as the judge may rule that this is not a fair arrangement and I would have to put my his name back on the deeds.

I am keen to proceed with transfer asap to ensure that my home is secure. The Consent Order may take some time as the solicitor wants the CETV for the pensions which may take a few months.

Any advice welcome

  • attilladahun
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14 Feb 08 #13835 by attilladahun
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I am keen to proceed with transfer asap to ensure that my home is secure.

No don't -anyway there could be Stamp Duty implications -You wish to avail yourself of the Stamp Duty (Exempt Instruments) exemption -Category H

Transfer within divorce!!

The Consent Order -Can be signed now so there is a Xydhias agreement

may take some time as the solicitor wants the CETV for the pensions which may take a few months. -No these have to be supplied within a shorter time by law! It is only wanted for the M1 Statement of Financial Information form filed in Court with the signed Minute of Agreement.

Note the EARLIEST time the Court can approve an order and make it a rule of Court is on the pronouncement of the Decree Nisi

The order for a transfer of property is effective on the Decree Absolute so it is best the Conveyancing transfer of equity is completed as soon as the Order is made AND after the D/A!

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14 Feb 08 #13847 by soon2bsingle
Reply from soon2bsingle
Thanks Atilla

Do you know the legat time for the CETV, my husbands pension providers have said a minimum of 2 months.

The reason I want to move quickly is my soon 2b ex seems to be getting himself in financial trouble - he had a letter from debt collectors a couple of weeks ago.

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