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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.


Advice needed please

  • Topazjewel
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09 Jul 12 #342065 by Topazjewel
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I wonder if anyone can help. I am buying property at the moment. Deposit from my divorce settlement and the rest with a mortgage. My question is that my new partner who will be moving in with me and will be contributing to the payments (but his name will not be on the mortgage or deeds) is paying off a mortgage he had with his previous partner who left him in debt (the house he had with her was prepossessed) . Can this company have any claim on my house once he has moved in? If we get married? Any advice very welcome.:)

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09 Jul 12 #342067 by cookie2
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If the new house is in your sole name and you do not get married, then no, your house is safe. If you do get married then I''m not sure but it would certainly complicate things. And if you get married then divorced again, that''s a whole new can of worms.

By financially linking yourself to your new partner (ie. cohabiting or marrying) then your credit rating will be linked to his. With a house repossession I imagine his credit rating is pretty bad. If you want to apply for any credit cards in the next 6 years, I would do it now!!!

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09 Jul 12 #342072 by Topazjewel
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So as long as we don''t get married and his name is not on the deeds and mortgage the house is safe?

  • vivi36
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09 Jul 12 #342074 by vivi36
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I''d have a pre-nup drawn up. Not sure if these things are still legally binding.

Part of my divorce settlement gives me the luxury of having half my mortgage paid off. My sol did advise me that if I wanted to cohab to protect what I''d fought so hard to get she suggested getting an agreement drawn up beforehand to protect that 50%.
then if I do cohab and split he can only actually have a claim on 25% (dependant)

Protect yourself!!

  • LittleMrMike
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09 Jul 12 #342078 by LittleMrMike
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I concur with this advice.

If you are planning to live together it is actually quite important to have an agreement before you take the plunge.

LMM

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09 Jul 12 #342079 by dukey
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Even if you don`t marry there can be implications depending how long you live together and what contribution he makes, though you need to live together a while before it becomes an issue.

If you intend to marry its very important you have a pre-nup to protect yourself should it go wrong.

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09 Jul 12 #342080 by Topazjewel
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We are planning on setting up a Deed of Trust so half the property is his to pass onto his son as he will be contributing to the mortgage by paying me a fixed amount each month. I just want to know weather the house will be safe from this company he is paying money to.

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