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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.


when does the financial part come into the divorce

  • life100
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17 Jul 12 #343766 by life100
Topic started by life100
Hi
i am ever confused.....
my other half has submitted the divorce papers i have received the acknowledgement paper.. we have a house but no children.
at what part does the financial part come into the divorce proceedings.. is it stright after Decree Nisi, and does the judge do this...
we are at the moment deciding who gets the house... if we decide who does get the house.
can we transfer the house under who ever is going to get it, even before the Decree Nisi?

thanks and appreciate everyones help, as you can imagine its very stressfull... just sorting and deciding..

  • Lostboy67
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17 Jul 12 #343769 by Lostboy67
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Hi
Usually you kick off the financial side of things after the Nisi, but before the Absolute.
The financial side of this is tied up in the concent order and until that is signed off evrything is up for grabs, and its not a good idea to start transfering money/property until you have it.

LB

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17 Jul 12 #343772 by cookie2
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You should not decide things one at a time (eg. the house). You should make an agreement on how to deal with all of the finances of your marriage. For example you might say I''ll give you the house if you don''t go after my pension, etc. Then you have a solicitor draw it up into a Consent Order, and submit it to court for approval after Decree Nisi. Once it is stamped then you can go about implementing it, ie. transferring the house etc.

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17 Jul 12 #343776 by life100
Reply from life100
really appreciate the help..
the problem is when we moved out we eneded up renting the house out so it covers our mortgage.. we both live with our own parents now for a bit.. the problem is the tenants will move out soon.. got another 3 months...
and we dont want to argue over who pays the bills and mortgage..
the other half has said i can take the property and give her share, which i am looking into... if its all decided and i am going to take the house...
i can then get a Consent Order written up, we both sign it and tehn can we transfer the property over even before the Decree Nisi?

thanks

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17 Jul 12 #343779 by cookie2
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No, you can''t do it before Decree Nisi.

But if you get on with it, the Decree Nisi can be granted in under 3 months anyway. So I would suggest making haste down this route.

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17 Jul 12 #343793 by life100
Reply from life100
thanks for your reply appreciate it

this question is important..
can the Decree Absolute be given even if the financial part is not sorted... i am just saying because i dont want the other half messing me about...

  • .Charles
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17 Jul 12 #343795 by .Charles
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The DA can be granted even if nobody applies for a financial order.

If at a later date you want to apply for a financial order you can do so unless you have remarried. There are a couple of exceptions to this rule but I won''t bore you with the detail as the issue seldom crops up.

Charles

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