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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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can i send in consent order?

  • m.tonks
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02 Aug 12 #347036 by m.tonks
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Hi can i send in the Consent Order without talking to the mortgage company about the proposed transfer of property?

Form I have asks if they have been informed, yes or no?

So if i say no, will the Consent Order be returned?

Muscrat.

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03 Aug 12 #347105 by cookie2
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Which form do you have with that question on? And what are the proposed changes to the mortgage?

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03 Aug 12 #347112 by m.tonks
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Hi Cookie2

I dont have the form with me right now, will check later.

As for the House, the proposal was to transfer the house in to Her name, as she effectively get the equity in the house.

I will continue to pay mortgage via the maintenance that I am paying her.

Problem is that as she is not working at present unlikely that she will be able to take on mortgage herself at present.

This is the only issue that is holding up the completion of the process!

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03 Aug 12 #347116 by cookie2
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Well, that is why I asked what the proposed changes for the mortgage are. Is it a "best endeavours" job? If so then it should be fine, you don''t need the lender''s permission to make best endeavours. But if it says she WILL change the mortgage into her sole name, then you do need their approval first.

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03 Aug 12 #347118 by m.tonks
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Thanks for your help.

I think I will suggest that we go best endeavours route.

Plan is that in a couple of years she sells up anyway, and it will be fully resolved then.

:)

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03 Aug 12 #347119 by cookie2
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Hum, just remember plans change.

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