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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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Selling FMH

  • julie321
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28 May 12 #333427 by julie321
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My daughter leaves for university this year at which point I think my stbx will want his share of FMH.

However neither of us has filed for divorce as yet as we wanted daughter settled at uni first.

Will one of us have to file for divorce before we sell house or can it just be sold.

  • cookie2
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28 May 12 #333448 by cookie2
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It is highly advisable not to sell the house until there is a financial resolution (Consent Order) in place. This is not possible until Decree Nisi is granted. So, you should divorce first.

You don''t HAVE to do it that way around but it''s advisable. Lets say for example that you sell the house and split the money 50/50. Your ex fritters his half away on wine and women whereas you keep yours in a savings account. Now when it comes to divorce he will want (and may well get) a share of your assets - meaning he will get more, maybe another 50%, of the house money. That is the potential risks of selling before the Consent Order.

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28 May 12 #333450 by julie321
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Thanks Cookie2

Could he force a sale without a divorce?

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28 May 12 #333452 by cookie2
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No. If it''s in joint names then you''re safe. If it''s in his sole name then you should register your home rights with the Land Registry to prevent a sale.

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28 May 12 #333455 by julie321
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Thankyou it is in joint names so no worries there.

Willwait to see what he proposes when she has gone, she is rather worried about bot having ahome to return to in the holidays. I will be able to put her mind at rest.

  • hadenoughnow
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28 May 12 #333562 by hadenoughnow
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A room for a uni student child can be considered as a need. It should be taken into account in a settlement.

Hadenoughnow

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