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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


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  • downland
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20 May 12 #331793 by downland
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Hi all, 18 months in and still living together. Split was instigated by me and from first solicitors letter I stated I wanted house valued and on market. He came back that was not right time to sell etc etc - still stalemate. I pay half bills, clean all communal areas and run partnership business which is based on the house (of which he is entitled (and will take i am sure) half the profits). And, not least, he still of course has daily access to son Does he want that to change - does he heck as like.
I also have two part time jobs to ''top up'' my income , one of which i am being made redundant from in July. Job hunt so far unsucsesful and in this area likely to be long haul.

Have now looked at assests and think, but will depend on valuations, that could take two building plots (section 106 affordable homes restriction on both so would only qualify to live in any property built after a further to years residence in county (but could legally live on site during build) - and both would have low value because of s106). Land and stables (could never be sold with an ''affordable home'' so again believe would be fairly low valuation on this basis), and savings and just scrape through one of the builds, using the cash and selling second plot (gulp) if i did a lot myself. My guestimate of value of that package is about £110k. The rest of property is, again, my guestimate, about £380k, so suppose there would be some equity in it for me if i wanted to pursue this - however that would involve more wrangling and c**p. My main aim is to move on soonest now, i want my son to stay in the same school and not have to move away from his friends but have, given time, a decent roof over head and not too much change in lifestyle.
Two months ago i got my solicitor to request that the property be valued ''as a whole'' and with a view to the proposed split. He threw rattle out of pram said proposed split was impossible ''bcos of bcos of'' and has not answered letter.
Pending reduncancy means will have to soon break into savings to keep going which then means build no longer feasible for me - damn.
Any advice on where to go from here pls. Is there a way of making him respond? Can I go ahead and pay for valuations and pay to have capital gains calculated so that I know if build option is even feasible for me? If I do do this and he still doesnt agree is court the only answer? Selling property could take years and i dont think i have years left of living ''together'' while it is sorted. Damn it all - I even said he could have the dog ............

  • sexysadie
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20 May 12 #331796 by sexysadie
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If he doesn''t respond to negotiation you should file for Ancillary Relief. The court will then impose a timetable with possible penalties if he doesn''t stick to it.

Best wishes,
Sadie

  • downland
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20 May 12 #331814 by downland
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Thank you, presume then if i want to go that way will have to arrange and pay for the necessary valuations etc for form E (?). Hoh hum - on second thoughts maybe I will keep the dog ...............

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