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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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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.


getting weary of all this..

  • Dazed
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30 May 12 #334065 by Dazed
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Hi everyone,

So, ex & I split about 3.5 years ago & I am desperate to get divorced. He lives in the FMH with ow & I purchased my own property a year ago after we came to a financial agreement & had a seperation agreement drawn up.

However, I am still on the FMH mortgage with no immediate end in sight & ex still owes me some money. Ex says he can''t remortgage is his own name as property is in neg equity & mortgage lenders want him to pay them £x to bring the level of borrowing in line with the outstanding mortgage. He hasn''t got the money he says.

Ex doesn''t appear to be working at the moment - actually to my knowledge hasn''t worked for over 12 months but still commands a "salary" in the region of £70k which is passive income on a part of his business that he retained when he sold the rest. He cannot service these clients because he no longer works for the umbrella company but the income is his.

So, do I just suck it up & get the ball rolling on the divorce (he has agreed to pay costs but no sign of that money coming anytime soon) & tie everything up in a Consent Order? Even if a consent order is signed saying he will repay me the money & use best endeavours to release me from the mortgage blah blah... what does this actually mean in practice?

I just want to move on, cut all ties & get him out of my life. I''m worried if we divorce, he will have absolutely no impetus to sort the out the outstaning financial issues - but I''m also very aware that it works both ways & I have a sizeable chink of equity in my new property which he could lay claim to.

I am hoping to use the wiki divorce online but would anyone advise holding off the divorce untuil the finances are settled?

I just want this done now & it''s frustrating & worrying that yet again, he seems to hold the cards.

Any advice very welcome...:angry:

Dazed x

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30 May 12 #334080 by cookie2
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It all starts with the Petition. You can''t do anything until then. You can''t file a Consent Order until Decree Nisi is granted.

I am assuming you want to turn the Separation Agreement into a Consent Order? What does it say? Would your ex be agreeable to this?

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30 May 12 #334154 by Dazed
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Hi Cookie,

Sep agreement basically dealt with all the financials & property stuff & set out what I would receive from the marital pot.

I have no further interest in the FMH, ex has no interest in my new property & we each keep our pensions which are of a similar value. No kids & Clean Break.

I received my share of the marital pot almost a year ago & that was the deposit for my new house.

We always knew this would be turned into the Consent Order & ex is agreeable to this.

Thanks,

Dazed.

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31 May 12 #334276 by cookie2
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As long as you''re both prepared to sign on the dotted line it should be very simple and smooth then. File for divorce, turn the SA into a CO, apply for Absolute. Job done.

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