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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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Can he register matrimonial rights?

  • RUBY25
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06 Jun 12 #335337 by RUBY25
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Hello,

Can anybody help me please? I''ve been married 1 year. We live in a rented house and have done throughout the 3 year relationship. I own a house that we have never lived in; it''s in my sole name and he had never contributed to it. Can he register matrimonal rights on the house?

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06 Jun 12 #335340 by cookie2
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No. You have to have lived in a house as a married couple to register home rights.

But fighting over that kind of thing is usually a a bit of a waste of time, you really should concentrate on getting a Consent Order, once you have that it''s quite irrelevant whether he can register home rights or not.

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06 Jun 12 #335341 by maisymoos
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He could try and register a restriction with the land registry if he feels he has an interest in a property even if it is not the matrimonial home.

It is a short marriage and often it will be a matter of what you brought in you take out, unless there are children?

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06 Jun 12 #335342 by RUBY25
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Is a Consent Order a two way deal in that if I agree to not go after any future gains then he can''t go after my future gains?

I can already imagine how this conversation is going to go with him. He''ll want me to say i''m done, while he will not and will still want to be entitled to my future gains.

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06 Jun 12 #335344 by cookie2
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A Consent Order is a mutual agreement regarding how the finances of the marriage will be split.

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06 Jun 12 #335346 by RUBY25
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He has a son from a previous girlfriend but we do not have any children together. The previous girlfriend has residence of the child.

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06 Jun 12 #335347 by cookie2
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It is a short marriage, very likely you will each take out what you brought in.

The problem being that he has no assets, therefore nothing to lose. And you have the house. He could make waves, start court action etc. It is most likely that you''ll have to buy him off with some "go away money" because it''s cheaper to give him some cash than to go through the court process. The question is finding the figure that he will agree to.

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