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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.

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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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House to be sold.

  • Yummy_Mummy
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24 Aug 12 #351774 by Yummy_Mummy
Topic started by Yummy_Mummy
Court has agreed to sell the marital home.

So what now?

I have been home looking after the kids who are under the age of 10 and have been looking after the home and him.

Now he has left me.

I am left with nothing now with further debts. All my savings and everything I worked for has now gone.
He has a stable job with good wage, pension, lots of perks etc etc.
I have nothing financially.

Where am I likely to go? And how can I get a mortgage?
What can I do now for my kids?

Please help.
Thanks.:ohmy:

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24 Aug 12 #351776 by sexysadie
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Hi YM,

What do you mean when you say that the court has agreed to sell the marital home?

Is there any equity in it? If so, has there been any decision about the split? Usually there would be some provision for somewhere for you and the children to live - has that not been taken into account? At the very least you should get a deposit for somewhere to rent plus spouse maintenance for a while so you can get back on your feet.

At what stage are your AR proceedings?

Best wishes,
Sadie

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24 Aug 12 #351804 by Yummy_Mummy
Reply from Yummy_Mummy
Thank you for your reply.

I am not sure about the split yet.

I dont know if I should ash my sol about the SM until the children are 16/18 what with them being in full time education.

Please would you clarify what does AR mean?

There will be FDR Hearing I think.

Is there anything I can do to secure a house to buy rather than rent. I dont want to be moving again and again. Its not good for the kids.

Thanks.

Best Wishes.

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25 Aug 12 #351811 by MrsSadness
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Dear YummyMummy

AR = ancilliary relief, but new name for it since April 2011 is Financial Remedies, hope this helps.

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26 Aug 12 #352022 by Yummy_Mummy
Reply from Yummy_Mummy
Thank you.

I still don''t really understand.

He had increased the mortgage and on trust I really did put all my eggs in one basket.

So not only am I having to deal with the abuse but also the insecurity and no home.

What now?
What can I do in legal terms for my children and myself?

Broken_Mummy.

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27 Aug 12 #352172 by Yummy_Mummy
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Hello,

I have been told that there is equity but not sure how much as he keeps collecting debt and his further debts and I have none but it seems that won''t be counted or be taken into account.

This is a shame as I ve worked hard and try to be careful with expenditure.

He doesn''t want to give me SM and wants a Clean Break. Again, I am not sure how this will work as I can get a part-time job due to children being under the age of 10 but full-time would be difficult.

I don''t have any savings or inheritance as he''s taken it all.

What should I be suggesting to my lawyer? Just in case if he hasn''t thought of it.

Please help.
Thank you.

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29 Aug 12 #352567 by newtricks
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I thought you were able to stay in the house with the kids until the youngest was 18. What does your solicitor say? Mind you i have no faith in them whatsoever.
I am so sorry for your pridicament. i do wish you well.

It seems lots of people on here are thinking of you.

Take care and never give up. take one day at at a time. do something nice for YOU so that you can look forward something. Things will sort themselves out.

Linda

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