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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.


Can I force a house sale

  • Nigel Rolfe
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15 Aug 12 #349668 by Nigel Rolfe
Topic started by Nigel Rolfe
I ve been married for nearly 17 years and have two children aged 16 and 13. We are currently seperating and my wife informs me that I cannot force the sale of the house until the kids are 18 even though we would both have houses out of the sale. If this is true this would mean presumably I would have to continue to pay the Mortage and bills which will prevent me from buying (and even renting) a suitable house for me for the children to visit? Or is the Mortage etc to be paid for out of her maintenance ???

  • WYSPECIAL
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15 Aug 12 #349670 by WYSPECIAL
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You need to post more details of incomes etc. She doesn''t just have a right to stay there until the kids are 18 if there are other alternatives.

usual thing is person who stays pays all the bills and mortgage anyway. Can she afford to do that?

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15 Aug 12 #349674 by cookie2
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We would need full details to advise;

1. Your respective ages
2. Your respective incomes including any benefits
3. Your respective pension CETVs
4. House value and outstanding mortgage amount
5. How much would a suitable smaller house cost for her
6. Any other assets such as savings, shares, cars etc
7. Any debts such as credit cards, loans, whose name they are in, what they were for

Yes normally the mortgage would be paid by her, not you. If she cannot afford it she may be awarded maintenance from you. But this would only be awarded if you can afford it. If you have nothing left after your own rent etc, then there is nothing to give her.

  • maisymoos
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15 Aug 12 #349675 by maisymoos
Reply from maisymoos
You cannot force a house sale until you have a signed Consent Order detailing the financial settlement.

If you provide more info on

House value and mortgage
Other assets - savings/shares etc
Any debts
Respective incomes including benefits
Respective pension CETV''s

more help can be provided.

There is no automatic right that your wife can stay in home til youngest child is 18, but everything depends on circumstances.

  • Northernboy
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15 Aug 12 #349680 by Northernboy
Reply from Northernboy
Mine won''t sell still lives in it and doesnt pay the mortgage she just wants it repossed so she can tell everyone I''ve made the kids homeless!!!!

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