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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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transfer the title deeds to sole name.

  • inallbutname
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09 Aug 12 #348493 by inallbutname
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hello

brief background married for 19 years lived together 20. 3 children all in full time education 1 in college 1 in 6th form.

seperated in november 2010 as he was having an affair.

he works im on benifits as im disabled. He stays at OW house 7 days a week (wont admit he is living with her) his post goes to his mothers.

He admitted adultery and wanted a Clean Break,as he said he cant afford the mortgage we were both to pay our on costs, mine being legal aid with a charge put on the house.He was to agree to transfer the house and equity over to me with him being removed from the deeds but not the mortgage. he was to keep his small pension.

since April 2011 ive been paying the full mortgage myself will a small amount of help from the dwp.

today i have recieved notification from the mortgage company that they will not take him off the deeds or the mortgage. Mortgage has only 7 years left and is just over 500 per month on a repayment term.

What would likely happen now as the whole divorce financials was based on me having sole interest in the property.

Nisi has already been granted and we were waiting on mortgage company so that a Consent Order could be finalized before applying for Absolute.

i am very grateful foe any help or advice i recieve.

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09 Aug 12 #348495 by dukey
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I don''t actually know, I know of another wiki who has a judge signed TR1 to transfer ownership and land registry refuse due to the lenders restriction, the land registry lawyers say they will transfer if by specific court order but not a judge signed TR1, what the difference is eludes me for sure.

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09 Aug 12 #348501 by inallbutname
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thank you for your reply dukey.
when i started divorce my solicitor suggested that we both pay half and when youngest left fulltime education the house would be sold and proceeds would be shared by whatever percentage was agreed. it was his solicitor that wanted it this way. As it meant that stbx didnt have to pay anything towards mortgage.

I dont relish the thought of having to pay full mortgage costs till end of term,but only having a share in it.
there is major work needed which i know he wont agree to share costs.

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