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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.


Urgent advice for Financial Order 3/9/12

  • newlifeknicks
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29 Jun 12 #339853 by newlifeknicks
Topic started by newlifeknicks
Looking for urgent advice:

Married 1987 in NYC..... Wife separated in 1994 and moved to London with 3 children. I supported wife financially 4 years and moved to London 1998. 5 children at this point. Lived in council property til 2001 but wife would not put name on tenancy. Right to buy given in sole name for wife who did not apply to add my name. Mortgage in wife''s name as waiver of interest declaration done for myself to get her mortgage thru. Valuation on Hhouse was £160k (38k deposit for RTB discount). I was a house dad from 1998-2001...started first job in 2001 made contributions to household always in cash and mortgage always paid from her bank account. I worked nights and looked after children and home during days while wife went to work and university. After finding wife having an affair and living thru it for 4months I left the matrimonial home June 2004. Being a Christian I didn''t want to divorce her so advised if she wants to divorce she would have to do it herself. I collected Petition papers and gave them as a present for her Birthday. She later put thru her divorce and advise the court I was NFA (no fixed abode) and court granted her divorce on 5/2/05. No financial order was made. CSA payment (voluntary court order) have been made continous ever since. Children ages then were 17,14,11,9,7..She deliberately deceived the court though she knew where I was living at the time.
Right....matrimonial home valued £320k ... She had then remortgaged in 2006 and took 100k in equity 2 buy a 2nd home and moved ....letting out matrimonial home continuos... House is now for sale £450k .... 2nd home was £299 in 2006... Now estimated £365k ... Do I have a claim in a financial order and if so suggestions on how to proceed

Please help with comments...all is appreciated

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29 Jun 12 #339864 by cookie2
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No. It is over 7 years since your divorce, and the house is in her sole name. Your chances of getting anything from this are effectively zero. If you wanted/needed some of the equity, you should have taken action a long time ago.

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29 Jun 12 #339881 by newlifeknicks
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Sorry but she said she could not payout any share in 2008 as there wasn''t enough equity (100k for 2nd house) agreed to leave house til children older. She said she would sort out when house sold. Children 17 and 14 don''t want to live in Cambridge with mum in house with fiancé and his 2 children. This the late order...

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29 Jun 12 #339891 by cookie2
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I am sorry too, but her words are worth nothing. The fact is you have taken no action in 7 years. You cannot simply leave these things open forever.

  • hadenoughnow
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29 Jun 12 #339908 by hadenoughnow
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It is not impossible to apply for Ancillary Relief but after six years it does become increasingly difficult especially if there is no property in joint names. I think the case this is based on is Rossi v Rossi.

I think it would be worth your while going to see a solicitor to assess the chances of success.

Hadenoughnow

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02 Jul 12 #340478 by newlifeknicks
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I thank you for your pre advice but I can give more info. The reason this has come to a head now is because my 2 youngest children (17&14) do not want to live with mum when she moves to Cambridge. If they had a choice they would stay in London and live with their dad (me). I presently live with my girlfriend who has 2 children of her own and this would not be enough space to stay with me. I also live 20 miles away do this would create new problems for children as far as school and I don''t want to disrupt their lives so would be better if I lived closer and had a place of my own. The children want to live with me if mum leaves. They don''t want to live with mum fiancé and his children as they would lose friends , the comfort of their surrounding. They also recognise cultural differences which they don''t want to go thru.

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02 Jul 12 #340480 by newlifeknicks
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To everyone interested:

I am in need of advice on all angles for the court to most effectively see my points. I do understand that 6-7 years time has passed. We did try to sort something out but due to lack of equity and the added expense of legal representation we both felt it would be best to sort share when house was sold. I understand time this has been left will compromise my case but need good advice and support. I thank you all for your replies in advance. Any insight is much appreciated

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