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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.


House and children.

  • KazzyG69
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03 Jul 12 #340730 by KazzyG69
Topic started by KazzyG69
My divorce is progressing, however my husband is fighting very dirty and has an underhand solicitor. I have no solicitor due to a previous one messing up so badly that I was unable to gain legal aid and as I work part time I cannot afford one. He is using this to his advantage and is getting his solicitor to send me two very demanding letters forcing me to sell the house. I have the children to think about, but he is not seeing this at all and just wants to initimidate me further. Does he have a legal right to force me out of the family home? We have a second charge on the mortgage and due to this, it has left us with little or no equity if we sell. Therefore, neither of us will have any profit out of the house to purchase a new one and he has been told this before at mediation but is adamant that he will force me out of the property unless - I take on all the mortgage and the loan AND PAY HIM 33% of the equity (of which there isn''t any) I just don''t understand. Is he allowed to do this and if he takes me to court and I am not represented, will I lose? I am so confused and so upset at the moment, I just don''t know what to do next.

  • Bobbinalong
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03 Jul 12 #340733 by Bobbinalong
Reply from Bobbinalong
solicitor letters make very good fire lighters, cos you know you get so many of them.
Your right, sounds like he has got a solicitor sounding off for him.
There is no way generally anyone especially a court would force a family out of a home, especially in your position.
Take strength from where you can especially here, you dont have to take any notice of the sol letters, ultimately something will have to happen.
Until you are in a position to be able to afford the house, there is not a lot you can do.
He is trying to bark loud... obviously he should be paying you cm and there maybe a case for sm for you dpending on the situation and especially with no equity.
Dont worry, kazzy, you wont be moving anytime soon.

  • KazzyG69
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03 Jul 12 #340741 by KazzyG69
Reply from KazzyG69
Thank you Bobbinalong for your message and words of comfort. Just that having had past experience of his solicitors underhanded dealings of getting her own way, I am very worried about going to court, especially un-represented.

I just wonder if this will ever be over. He stays here every weekend yet lives away all week and this has a terribly unsettliing effect on myself and my two boys. How anyone can treat others like this is beyond me. It is nice to know that others are going through something similar though, it''s comforting and I''m glad I have joined Wikivorce.

Thank you again.... KazzyG

  • hawaythelads
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03 Jul 12 #340745 by hawaythelads
Reply from hawaythelads
No point in sticking you head in the sand and hoping it goes away.
Go to your local court and ask them for the forms you need to get Ancillary Relief settled in court.
I think it''s a form A fill it out send it back to the court you should have a court hearing to settle your finances within 16 weeks after that application.
This will take all the threats and bullying out of your life.
The Judge will have only one concern in your case and that is the housing needs of the children.
Quite frankly your hubbie is well and truly fecked!!
If theres no equity in the house the law basically is most concerned about the bloke paying for his ex wife and kids rather than the tax payer.
As long as we are not talking £1 million detached house here you will be allowed to stay in the house he''s name won''t be removed from the mortgage and you will be able to live in the house until the youngest is 19.It''s called a mesher order.
After that you''ll probably have to buy him out for 25% to 30% of the equity.
The other plus point is within 4 months time you won''t have to put up with him living in the house.
All the best
Pete xx

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03 Jul 12 #340750 by KazzyG69
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Thank you for your message. I''ve got the Form A, I am going to do that today and send it off, I was only made aware that I could do this yesterday when I spoke to an advisor on here! I wish I had done this sooner!

This is all good to know though, we all need some support whilst going through these situations, so thank you very much for taking the time to respond.

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03 Jul 12 #340752 by KazzyG69
Reply from KazzyG69
Thank you for your message. I''ve got the Form A, I am going to do that today and send it off, I was only made aware that I could do this yesterday when I spoke to an advisor on here! I wish I had done this sooner!

This is all good to know though, we all need some support whilst going through these situations, so thank you very much for taking the time to respond.

  • maisymoos
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03 Jul 12 #340754 by maisymoos
Reply from maisymoos
I also received a letter from exs solicitor demanding I put house on the market, I politely replied saying this was premature as the financial settlement had not been agreed. That was it they then stopped hassling!!

Do not let solicitors bully you they are going under your stbx''s instruction.

Self repping can seem very daunting, but many judges help you through and recognise this. It will save you a bomb the childrens housing needs will be the priority.

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