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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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Home rights notice-remotgage difficulty

  • peterl
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21 May 12 #331937 by peterl
Topic started by peterl
Hello everyone,

I am currently divorcing. My wife is keeping the marital home. I have a home rights notice on the property. My wife has tried to remortgage to raise a settlement to buy me out of the property. Unfortunately the remortgage has been declined due to the home rights notice.

Has anyone encountered this problem? I would be grateful for any advice.

Thanks

Peter

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21 May 12 #331940 by cookie2
Reply from cookie2
Yes, it''s a deadlock. You don''t want to give up your HR until you''ve got the money, she can''t give you the money until you release the HR.

The solution is a Consent Order. This ensures that both parties stick to their sides of the bargain. If you''ve got it in black and white and stamped by the court then you can release your HR, and if she welches on her side of the bargain, you can take her back to court and claim your costs of doing so.

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