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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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Marital Home - sell before divorce final?

  • ANNE1234
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17 Sep 12 #356329 by ANNE1234
Topic started by ANNE1234
We have not got divorce Nisi through yet so in early stages. STBX is not paying anything towards mortgage or 2 young children. He is not working, refuses to do so in order NOT to pay me anything. He is not claiming benefits either.

We have the house on the market and my question is this: would it be wise to wait until a judge sorts out our finances and perhaps gives me bigger share of house? I suppose I would have nothing to lose but the sale as I am sure the judge would take into consideration the 10 months and more of mortgage payments etc. made (£1200 per month) and I don''t think he deserves 50% Also there is the lack of maintenace past and future to consider. He has a legal responsibility to pay half the mortgage AND support HIS children doesn''t he?

Any advice?


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  • rubytuesday
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17 Sep 12 #356330 by rubytuesday
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If he isn''t working, how is he meant to pay half of the expenses and contribute towards the children?

Him not being able to pay half the mortgage due his unemployment doesn''t mean the Judge will "punish" him for this and reward you with a greater share of the equity because you have paid the mortgage in full, regardless of whether or not you feel he "deserves" a lesser share.

  • somuch2know2
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17 Sep 12 #356336 by somuch2know2
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My wife thought it would be ''wise; to wait to put the house on the market until ordered to do so. That was a delay of 6 months.

House is still on the market and I am only ordered to cover mortgage until sold, meaning she is at a loss of of 200pm as final Consent Order for SM and CM is more than mortgage.

You house will be split accourding to need and ability to rehouse.

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17 Sep 12 #356343 by ANNE1234
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He is unemployed from choice, walking out of family business. He is just being bloody-minded by not attempting to work as he doesn''t want to pay towards HIS investment and HIS children.

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17 Sep 12 #356345 by ANNE1234
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He could easily get a job (or have stayed in the family business) but he chooses not to due to his bloody-mindedness! He chooses not to pay anything towards HIS children or HIS home. If I chose to do that it would just get repossessed! When you have debts you work to pay them don''t you?

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17 Sep 12 #356355 by somuch2know2
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I think you will find there are a lot of ex partners that could work but choose not to. It doesnt make it right, but you cant force someone to contribute.

The courts will look at his earning potential and will probably question why he quit. Does he look after the children?

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17 Sep 12 #356357 by ANNE1234
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No, he doesn''t look after the children as he has recently spent 5 weeks in Spain (where his parents live) and before that another 5 weeks. He doesn''t even ring the children in that time. Really nice father! I think he thinks that by not living in the family home he doesn''t have to pay. He could claim benefits but of course if he did that he would have to pay me something. No money, on pay!

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