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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.


Patrners Ex refusing to play ball

  • mjtan2002
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12 May 12 #330107 by mjtan2002
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Morning, my gf is now divorced and is goingthrough the process of trying to get her house sorted out with her ex husband. She has lived alone in the house for last 18 months and ex has not contributed to any bills/mortgage for last 3 years. He is on benefits and does not pay towards their 4 children(one who is 20)and they alllive with mum. The house has approx 80k profit in it nad he is refusing to let her sell it which she wants to do and buy a cheaper property for her and her children. Their is a restaining order on him for next 3 years as he was stalking her nad eventually led to him attacking her when on her way to work one morning. She is pettrified of him and feels he is still trying to control her life which he has done for years. Can the courts order a sale? he has said he will live in the house and look after the kids even though he wouldnt be able to pay the mortgage as since her left she found bills hidden in the garage tottalling over 30k all in his name. She has debt of about 8k and her ssolicitor bill is increasing due to his stalling tactics, he is on legal aid while she was refused even though she only earns 16k. she is now desperate and a wreck, what can she do or the court do?? Thnaks in advance

  • blonde cazza
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12 May 12 #330108 by blonde cazza
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Im not sure what to advise although im sure others will.I feel for your gf...i had alot of what your saying my ex stalled on selling the family home...and i too was refused legal aid now ive gone on to buy a house worth over 100k even though my wages are 6k a year ex tax credits etc.
It seems a common tatic of exs to try and control us...

  • Fiona
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12 May 12 #330111 by Fiona
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She (or a solicitor on her behalf) would need to apply to court for a court order to settle the finances between her and her husband. The court have the power to order the sale of the property and how the proceeds are to be shared. If necessary a judge can then sign the documents should the husband be obstructive and not comply with the order.

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12 May 12 #330112 by mjtan2002
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thnak, she is living day by day to pay bills etc and feed kids while he is in aflat with housing benefits receiving over £800 a month, he claims incapacity benefits after a socalled accident 3 years ago, even though a specilists has said its all in his head and there is nothing wrong with him now!! He wrote my car off by vandalising it (i was not reason for divorce) She is so confused she is ready to walk out of home to let him move in and look after kids.. They had a small mortgage years ago but had to re-mortgageas he never paid the mortgage (they would only have 2 yers left by now). He is a complete t..T !! soorry !

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12 May 12 #330114 by blonde cazza
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I had alot of this too although my ex paid mortgage he cancelled direct debits for bills without tellng me and then i had bills coming to property...
I too had an awful job selling house..i had paperwork coming to house for the sale of it then he told me to send it back but he was the one insisting saying it had to be sold by a certain date lol...makes me laugh now to think back...tell your gf to hang in there it will get sorted!

  • soulruler
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12 May 12 #330122 by soulruler
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I appreciate that it is probably a statement of despiration but she must not be even tempted to suggest that she walks out on her children (only to you).

A stalker is not a fit father and neither is a malingerer and the ex sounds very much like both.

I agree with the other posters just get into court and stop solicitors bills mounting. The equity is not great and with children involved and him being supported by the state she might even get all the equity to invest in a new home which she can afford.

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