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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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i need to go to court what do i do next

  • WorthNo1n
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18 Apr 12 #324827 by WorthNo1n
Topic started by WorthNo1n
I have attended a meditation meeting where I but my proposal forward to buy my wife out of the house at a percentage of approx 42% she is asking for 50%. We divorced in 2006 she has since remarried and her housing needs are well and truly met. She wants the house to be sold if I cant buy her out at 50% but the money from the sale of the house will not buy me a decent home..She left the family home 10years ago and left me to bring up my three daughters ( 2 who still live with me but are over 18 but none are able to get housed by the council or afford to rent private). She has paid nothing towards the house. The mortgage outstanding is very low and I am able to pay this out of my company pension which i took early at 50 due to ill health. She has kept her banking career and still has her pension of £80k to look forward to and her and her husband have a lot better lifestyle then me. There was a major cockup of the Consent Order being put through the court 6 years ago..she done all the paperwork and took advantage of my ill health at the time .. I was suffering from depression and just wanted to end it ..she used the girls as go betweens and got the girls to literally get me to sign where the cross was ! i didnt take legal advice and have always believed I could stay in the house aslong as the kids live there. I have now met someone and she is now asking for 50% off of us..my new partner is a widow with some money which together we can buy her out at 42% and us being together could have a better life. Giving the time scale that as passed and that the consent order was refused by the court and an amendment was order which my wife never got done or relodged with the court .. she is saying i signed to say I would buy her out at 50% at a later date ... which again i dont remember ..and that the consent order the judge refused still stands. How do I approach the court to put my offer forward to see if I could get it excepted and what chances would I have .. do i still go through the auxially procedure even after this time .. or do i need to go another route..
Thanks

  • Lostboy67
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18 Apr 12 #324856 by Lostboy67
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bump

  • mez
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19 Apr 12 #324863 by mez
Reply from mez
Hi. So sorry you are in this situation.
I am not an expert by any means & I hope someone will see this & point you in the right direction.
You need to get your copy of the original Consent Order & the details for the judges refusal. Check any amendment details to see what, if anything, has been rubber stamped, so you know where your standpoint is.
If your Absolute has gone through with none of this officially sorted and there are no longer any dependents or a new will drawn up then it might come down to who is on the deeds of the property. I hope you get some good advice on here.

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