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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.


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  • stressed1
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08 Oct 12 #359921 by stressed1
Topic started by stressed1
I have a financial order which stipulates a lump sum to my ex-husband from the sale of the FMH, however, due to the decrease in value I would like to stay in the home. I was originally going to buy my ex out but I have just discovered that my ex had remortgaged the FMH some years back and pocketed some monies without my knowledge and increased the loan value.
My question is, given that I signed the remortgage not knowing the true reason for it until now. I vaguely remember him telling me it was for a better interest rate.
Can anyone tell me where I stand with this and what action I could take to demonstrate that he is not due the lump sum from the sale.
I have also found out that my ex was in receipt of a vast amount of money during our divorce but did not disclose it.

Where do I stand in all this? Alas, my solicitors did not enquire if there was any remortgages and thus it was not picked up (obviously much to my ex''s delight).

Many thanks in advance.

  • Tets
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08 Oct 12 #359925 by Tets
Reply from Tets
Are you saying there was less equity in the property than was stated on either form E?
If so how much less equity?

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08 Oct 12 #359928 by stressed1
Reply from stressed1
We never did a full disclosure - form E. We did a voluntary disclosure. I know it sounds strange but it only just dawned on me that the mortgage was more than I orginally thought it should be. I then find paperwork which suggests that when we remortgaged from one company to another the original loan amount was increased. My ex husband failed to tell me this was his intention. The monies were paid direct to him.
Therefore, he is trying to get his equity from the FMH twice, but he has already has his equity from the remortgage, which I did not realise at the time of signing the Financial order. Does this make sense?

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