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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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  • Pandora71
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18 Mar 12 #318855 by Pandora71
Topic started by Pandora71
Hi I am recently divorced and sorted out a Consent Order prior to the Absolute being issued. The consent order detailed that the house be signed over to me when I was financially able to take on the mortgage payments (I was turned down as he had refused to pay me child maintenance till the consent order was in place as he said he was keeping a roof over the childrens heads and food in their belly by paying half bills, so mortgage company wanted to see 6 months of child maintenance payments happening before they would consider my app).

The mortgage is in joint names but since the Consent Order I have made all mortgage payments from my bank account - he still lives in the house and contributes half towards the utility bills and does now pay child maintenance every month.

My questions are 1 - Is there any way that he could take out a secured loan on the property?? Is it possible for this to be done without me knowing and is there anything I can do to guard against this happening?

2 - As I am on a lower income, has anyone had any experience of the building society being happy that you have shown you can make the payments on your own??

Thanks for taking the time to read this

  • LittleMrMike
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19 Mar 12 #318866 by LittleMrMike
Reply from LittleMrMike
If the house is jointly owned, then a secured loan would require both signatures.

I have no way of answering your second question. Relying on maintenance ( whether child or spousal ) is always risky in view of the possibility that the payer may fall ill, be made redundant, go bankrupt, or, for whatever reason, be no longer in a position to make the payments.

LMM

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19 Mar 12 #318898 by Pandora71
Reply from Pandora71
Thanks for your reply as it has put my mind at ease regarding the loan - at least nothing can be done without my knowledge.

I guess I''ll be in the "sharing the same house" for the long haul as he has said he doesn''t earn enough to get his own place and pay maintenance for the children.

Mind you, as soon as he finds himself a significant other, I can''t see her putting up with this situation - so maybe that will change the dynamics.

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