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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.


Equity split

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19 Jun 12 #337578 by elder0205
Topic started by elder0205
Hi
I have my Decree Nisi, so not long now. My ex and I had made an agreement that he would get 30% of the equity of the property with 70% going to me and our 2 kids.
We did the figure from the valuation of the property at the time.
I have paid for the mortgage and the debt since he left. I have also made a lot of renovations etc which has increased the value of the home.
The house is up for sale as he needs his share, but has now decided he wants to benefit from all the work (and extra payments!!!) that I have made.
The agreement was between us, though we did get it witnessed by a solicitor.
Can he go against this now???? If so, what can I do?

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19 Jun 12 #337583 by cookie2
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Was the agreement put through the courts (Consent Order)? Does it specify a percentage or a figure?

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19 Jun 12 #337585 by elder0205
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Hi
No it wasnt put through the court, we had agreed between us this would happen. The figure (in money from the value of the property) was stated on the agreement.I have a Clean Break order in, but he has yet to sign it.

The house was a state when he left, I have put so much into getting it right to sell it.

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19 Jun 12 #337588 by cookie2
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OK, what you have is a "concluded agreement". This will not be a silver bullet but it will hold weight in court. If he wants to get any more than the figure specified, then he will have to show a good reason why. He would have to convince a judge why he agreed to that figure at the time, but has since changed his mind. Under the circumstances it seems pretty unlikely that he would succeed, and if he tried, you should make a costs claim.

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19 Jun 12 #337591 by elder0205
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Thank you.

I have no idea why he has changed his mind.....he has been fine until now.

It wont affect the divorce going through though will it?

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19 Jun 12 #337592 by cookie2
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Most likely he has changed his mind because he wants more money! But that will not be good enough for a court.

Yes it may affect the divorce going through, it is usually a good idea to conclude the finances before applying for Decree Absolute. So if he is being a PITA and refusing to sign the Consent Order, it may delay absolute.

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21 Jun 12 #338006 by elder0205
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As he is still named on the mortgage currently, could he legally move back in after leaving me and the kids????

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