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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.

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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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Council properrty and Shared Residence

  • Rumplestiltsk1n
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08 Apr 12 #322357 by Rumplestiltsk1n
Topic started by Rumplestiltsk1n
I have shared residence of my two children, one disabled, but am not in receipt of either child benefit, tax credits, DLA or mobility as my ex claims everything. She has recently moved from private rent to council rented 3 bed house at £92pw. I have been living with my children for 47% of the year, in a 1 bed flat at £110pw, so I applied to the council for housing. Unfortunately they told me that I am only entitled to a one bed place because i am not in receipt of the child benefits. I am considering appealing against their decision. Has anyone heard of councils accepting shared residence orders and awarding another suitable property to the other parent? I really am struggling to understand everybody''s lack of acceptance of shared residence and why they only help the parent who is receipt of the child benefits!!

  • Fiona
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08 Apr 12 #322410 by Fiona
Reply from Fiona
There is no obligation on local authorities to house a family in two homes. In the case Holmes-Moorhouse the House of Lords held on appeal that although a Local Authority must consider a shared residence order there is no duty to house both parents because one isn''t in priority need if the other is already housed. Sorry. :(

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