Hello fine wikis!
Well, Its been almost a year since the Absolute has come through and I have been back in employment for nearly 6 months after the redudancy in 2011...been plodding along paying debts..being a DFW over on a board a few of us wikis can be seen... Consent Order still not signed but through no real fault of me or the ex...just havent gotten around to it! both paying our own debts and own mortgages for the houses we both live in, just financially linked so to speak.
Been drafting up a rough CO and most points the ex agrees to..
now, I am going to have to stay on her mortgage for a time.
Usual triggers agreed upon, however...I would like to include a trigger that includes transfer of residence of one or more of the children to me.
Has anyone ever dealt with this before?
There are 3 children, she lives in a FIVE bed house..outweighs her needs but not enough equity in it for her to rehouse and the equity in the one i am in will only cover the debt in my name so sales are pointless at this point(and its too small for her and the children now even if i argue differently...its a 2 bed 2 reception so the council deems it a 3 bed for Housing benefit arguments sake- i suggested she sell the FMH and move back into the one i am in, our first property that is now a btl..naughty i know i shouldnt be in it but thats besides the point)
However if one or more of the children do ever come to live with me in future the FMH will be FARRRR to big for her and quite frnakly i want off that mortgage asap.
It''s dangerous and confrontational. It suggests you might seek residence of the children for financial reasons. How about including "or further order of the Court", which gives the Court a broader, non specific discretion? It would also cover lottery wins
Not sure how that would be enforceable?
for example, if i was to pay CM as per CSA for all three children, but then one came to live with me and SHE became liable for CM could I include something like this?
Im not wanting her to sell the house for financial reasons. I am not gaining an equity share from this mesher (although everyone tells me to go for at least 10% as I took the lions share of debt and a house with equity equal to that debt meaning i walked away with nil, essentialy..plus CM to pay!)
Surely a divorce settlement is based on the situation at the time of divorce and the aim is to bring finality so both parties know where they stand financially and can get on with independent living. No one can predict with any certainty whether living arrangements for children will change or if they did they wouldn''t change back again and keeping the option open would undermine the principle of finality.