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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.


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  • MrsMathsisfun
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02 Aug 12 #346859 by MrsMathsisfun
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Sorry not trying to upset you just playing devil advocate slightly. I do understand where you are coming from and a judge probably wouldnt expect you to sell up.

If this went to court your ex wouldnt be expected to continue to pay the mortgage but would be expected wait to receive his money.

You have to make an offer that your ex will go for and honestly I dont think £5k would stop him trying to force the issue, not when he is asking for £40k.

Mske the offer, stating either £5k now or a mesher offering more in the future cookie might be right that he would accept because it would cost to much to contest.

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02 Aug 12 #346861 by cookie2
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Right. A judge would probably go for a Mesher in these circumstances. 3 years is not so long to wait.

And yes him paying the mortgage is a bit of a tentative agreement, he could simply stop at any time, there''s no way he would be ordered to pay SM. He is paying voluntarily so much as you''re saying that he would save £X by settling now, he could just as easily save £X by simply stopping paying the mortgage.

I would tell him that £40k is totally unrealistic as you have no way of raising that amount. Tell him that £5000 is the most you can afford to offer. See what he says to that. If he says no then I think a Mesher will be your only option.

  • MrsMathsisfun
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02 Aug 12 #346863 by MrsMathsisfun
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Thanks Cookie.

You have written what I was trying to get over.

Make it an either or offer not just a 5k and this will be saving you x amount statement.

My point is if you dont want a mesher order because this will only delay the problem then you will need to offer more now to make it seem a good idea. Maybe if you could stretch the offer to £15k he might accept that and end of problem.

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