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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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The future...

  • redhotbex
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17 Sep 12 #356421 by redhotbex
Topic started by redhotbex
In short, together 8 years, bought house 4 years ago, co-habited 4 years prior to that (renting). Have a 2 year old and a 4 year old. We are joint tenants. House recently valued at £82k, current mortgage is £85k. Intend to separate. No other assets/savings, although partner has £30k deferred charge over his FMH due to him 2013/2014. Should I stay in the house? I am able to maintain mortgage repayments with my salary, maintenance, child benefit and tax credits, fixed term ends Aug 2013.I work part-time (9,000pa), how will I stand when fixed term ends? Can he force me to sell? Will he have to come off the mortgage? Can the bank force us out even if mortgage is maintained? Seriously worried for the future...

  • soulruler
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17 Sep 12 #356458 by soulruler
Reply from soulruler
It is going to be a more and more common problem, negative equity and only one person willing to stump up the mortage payment.

You are the resident and you are paying your committment to the joint contract. Stay where you are and do not even think about moving out - what is the advantage of defaulting and being homeless and looking at going into rented?

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