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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.


Ex Wife Over MArital Home? What About Men Finances

  • mrsduce
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21 May 12 #332110 by mrsduce
Topic started by mrsduce
Hi,
My husband has been divorced for 3 years, we been together 6. his ex wife is in a serious relationship for 2 years. she still lives in a 3 bed property with 1x 10 year daughter. my husband is fincially struggling and has begged for the house to go on the market so he can financially provide better plus we are expecting twins, we are in a 2 bed house as we cant afford anything bigger and his daughter camps in the room with us when his 15 year old stays over. it is a joint mortgage and he paid on his own until we got a flat in 2008 and he then paid maitenence.. he would be happy to accept less on the sale if it means she can buy herself a new house but she is refusing anything but happy to have her boyfriend part live there when hes down, can my husband put a stop for her boyfriend to stay and go as he pleases? there must be some rights for him?

  • NoWhereToTurnl
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21 May 12 #332119 by NoWhereToTurnl
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Are you the OW that he left his wife for? he has been divorced 3 years, you have been together 6 years. Your husband will need to prove that his ex wife is cohabiting and lets face it, he is married and she is allowed a life. Just because a bloke stays over, it does not mean she is doing wrong. Hope all goes well with the twins.

  • eyes on horizon
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21 May 12 #332124 by eyes on horizon
Reply from eyes on horizon
NoWhereToTurnl wrote:

Are you the OW that he left his wife for? he has been divorced 3 years, you have been together 6 years. Your husband will need to prove that his ex wife is cohabiting and lets face it, he is married and she is allowed a life. Just because a bloke stays over, it does not mean she is doing wrong. Hope all goes well with the twins.

I think the point is there appears to be no financial settlement not what the ex wife is getting up to.

Was there a legally binding consent or court settled order for the finances after the divorce?
If so what are the details? If not then the only option is to settle either via consent or the courts. Until then either party are free to make claims against the other
More details and you will get some more (constructive as opposed to what was posted above) advice

  • Fiona
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21 May 12 #332127 by Fiona
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Normally he would need to push on with a settlement if there isn''t one and apply to court to force the issue. However, there is a bar to someone making a new application once they have remarried. If your husband was the Petitioner for divorce it would be usual for him to apply for financial orders by ticking boxes in the Petition, but if he was the respondent the chances are he has fallen into the remarriage trap and is stuck in limbo.

The only other way to force the issue would be to start proceedings under the Trusts of Land and Appointment of Trustees Act 1996 but it''s complicated and he really needs good legal advice.

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24 May 12 #332566 by mrsduce
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Hi, thanks for your advice,
We got together after they separated and he was living back at his moms, from what i know there was no settlement at all and didnt go as far as court. There was a mediation after the divorce more so focusing on their daughter and as long as she was single she could remain in the property but as she is now in a serious relationship of 2 years, she stays with him at his house 30 miles away and he comes down every weekend mostly.
If he was to go to the courts, how much would this cost as he is severely struggling financially and he cant afford to pay upfront, is there any legal help tha can be offered where the house is sold he can then pay them? i know most of the things goes in the womans favor but hes always done what was asked of him by his Ex wife and she cries saying she cant afford anything or the house and the next thing we know they are going on 2 holidays this year and we cant even afford a day trip out for his daughter, surely he has some rights to move on without being financially connected to his ex wife forever?

  • hadenoughnow
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24 May 12 #332568 by hadenoughnow
Reply from hadenoughnow
Was he the Petitioner or respondent in the divorce? This is very important for the reasons outlined by Fiona.

Is he paying towards the house as well as paying cm? Is the mortgage in his/both names?

If he is caught in the remarriage trap and is paying more than cm, he could force her hand by reducing to cm only. She would have to take action to get the finances sorted.

You need to bear in mind that his first family should not be unduly disadvantaged because he is having more children. As it is, cm can be reduced when the babies arrive.

Hadenoughnow

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