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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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Moving out temporarily

  • Lostboy67
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27 Apr 12 #326781 by Lostboy67
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it just seems like we are in a rut like nothing is going to happen.......

Well the big question is what have you done to make something happen? For your s2bx there isn''t a lot in the deal for him, he is going to lkose his house a large chunk of his income and his family.
If at all possible you need to ditch the solicitors for the moment and try and discuss an outcome that works for both of you.

As for how long the situation can go on for....well no real answer to this, but 2 months is quite short....could be as much as 2 years or longer.

LB

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27 Apr 12 #326791 by cookie2
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Camille wrote:

i was told with the amount id probably get could be used on a deposit.

The amount you get might take into account your legal aid bill. This is called costs by the back door. You would say to the court, for example, "I need £50k to buy a house and I will have a legal aid bill of £10k. Therefore I need £60k equity from the FMH".

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27 Apr 12 #326897 by Camille
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Petition???? I will look into that, thank you. Also i can remember my solicitorsaying something about adding it on to the mortgage, she said there would be an 8% charge on top per year! Thank you for all your tips and advice. Happe, i bet that was a great feeling for you in the end, being able to move back in after all that, good on you!:)

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27 Apr 12 #326900 by pinkminx
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In my case my husband was the one to move out to have ''some space'' we tried relate but I could not see how we could possibly try repairing the marriage whilst in two separate places. We are now divorcing.

Really think before you decide to leave. Go to Relate now if you think you can work things out but if things are not working then you really need to sit down and discuss the next step before doing something that may be harmful to the future. It sounds like you both need to figure out the way forward to save your child from all that arguing.

Consider a Separation Agreement too - boy do I wish we had got one of those!

Good luck with whatever you choose.

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27 Apr 12 #326906 by PhoebeBlue
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Thanks for your comment LB. Yes, the house is half his, however he can not afford to stay here alone on his salary and wants to sell the house for his 50% share. However, we have 2 children under 12yrs who want to stay here (this is the only home they have ever known!!) I would dearly love to move far, far away but can not because of my children ... their home, school and of course dad & grandparents.

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28 Apr 12 #327024 by Camille
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Thank you. I have spoken tomy husband on at least 4 occasions about Relate etc.........not interested!!!! Said we have to sort it......ummmm, well we have tried that. This brick wall is getting harder to get over. I think its a case of just making him listen whether he likes it or not. It comes across as if he is in denial!

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01 Jun 12 #334438 by PhoebeBlue
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Camille, are our husbands related??? I''m in a very similar situation and have been since early January.
My solicitor advised me to ''stick it out'' but if I had to go, make sure I took the children. She also said it would not affect my right to the home if I left.
In desperation, I locked my husband out two weeks ago and packed his car with all his things (he was away on a course). He promptly took a day off work, got back in and did the same to me. Not worth the hassle therefore.
My daughters are 11 & 8 yrs and picking up on the tension which has been awful since I served the divorce petition in late March.I don''t know what to do either, all very stressful (you''re welcome to read my blog).
But, my week away with my girls starts today - North Wales here we come!!
Good luck and keep in touch :)

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