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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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Complex issues of mortgage.

  • Stumpylad70
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03 Jul 12 #340863 by Stumpylad70
Topic started by Stumpylad70

I have just separated from my wife. She has left the marital home after trying to force me out. She is renting a place and taking my son and step son with her, though I will have access rights to my son.

The main problem is finances. As it stands we have a loan to pay for both cars, which is in my name. She has agreed to pay her share of this loan, though nothing is in writing yet. The main problem is that I am being left to pay the mortgage on my own.

She did bring £49000 to the house purchase, but I have been the one paying the mortgage for the last 8 years or so. And I am continuing to do so for the forseeable future until such time as we either work things out or go our separate ways. For all the time we were together it was my income that kept us afloat, including time when she was unemployed.

Now I am worried she will demand child mainenance from me, which would absolutely cripple me. I want to provide for my son, but I wont be able to if I am hit with a £200 a month payout.

At the moment I feel like I am facing financial ruin. ALL the money I have invested in the house will probably go to her and I will be left with almost nothing. She is in no position to buy a new home, as she is not in permanent work, but I am, however if she demands her £49k back plus half the remaining equity, I will have almost nothing.

I dont know if the court will take into consideration the fact that I personally paid everything for 8 years, and she paid for almost nothing.

I had heard that as she walked out that I can request that she pays half of the mortgage as it is half in her name, which would equate to about what I would have to pay in child support. I dont know if that is true or not.

I am not trying to rip her off or mess her about, but I dont want to be taken to the cleaners either.

  • Fiona
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03 Jul 12 #340891 by Fiona

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