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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.


Charge on house and remortgage

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02 Jun 12 #334724 by tillibud
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You have always been a constant support for me and still are.....

Can I go back to the judge as I thought after a FH we couldn''t go back.

I was going to hold the money in a account as well if I couldnt find him.

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02 Jun 12 #334728 by dukey
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You can yes, if you read the judgment you will see either has liberty to apply as to timing and implementation, your only asking a judge to find a way forward, it''s not expensive it only costs £90 and the hearings tend to be very short.

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03 Jun 12 #334859 by tillibud
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So is it just me asking the judge for a bit of help really? Does it have to be the court where the FH took place and the same judge.

Also doesn''t it matter that I got a Clean Break.

Should I take the mortgage offer with me?

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03 Jun 12 #334863 by dukey
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It doesn''t have to be the same judge and court but it''s helpful if it is, if you have moved away then apply to your now local court, you need to attach a copy of the order with D11.


What your asking is can I remortgage and discharge the mesher even though you don''t know where the ex is, and yes take a copy of the mortgage offer.

I can''t see this being much of a problem but it would be unwise to go ahead remortgage and improve the property without discharging the mesher, it will just end up costing you more money in the long run.

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03 Jun 12 #334865 by tillibud
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Thanks Dukey

So I would need to discharge the mesher and hold the money in an account as I want to do?

Nothing has gone smoothly over the last 4 yrs, so this would be a first!!

Do i get the form from the internet or from a court?

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03 Jun 12 #334868 by dukey
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The form is in the library just print it off, the money would need to be held in a solicitor account, though I suppose a judge could ask for an undertaking, the solicitor account would be more likely.

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03 Jun 12 #334878 by tillibud
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Thats brilliant, thank you

Will print the form off and get going

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