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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.

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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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Mortgage issue - ''Best Endeavours'' clause

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17 Nov 20 - 17 Nov 20 #514786 by Djsmith
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With mine, my x signed an undertaking statement that pays the mortgage there for the order of the court but has used the pandemic to full advantage until Nove this year has paid nothing so will be very interesting what happens (the lender wants payment to cover loan but as my x is not working) but on benefits has tried to make me pay towards, etc but holding out as not able to live and pay and get saddled in debt, it is very difficult as the pressure from her side also has legal Aid very one-sided unless you have the means to fight. Have found that they will try all the tricks in the book until you throw the towel in, not going to and fight. You would say logic sense comes into it but solicitors see £ signs and not always act in the best interest of their client!
Last edit: 17 Nov 20 by Djsmith. Reason: Spelling

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17 Nov 20 #514790 by stepper
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I can tell you what happened with my son. He signed the house over to his ex. and informed the lenders who declined to remove his name despite the fact that his ex. had re-married. This lasted for several years, maybe five or six. My son contacted the lenders several times during this period to no avail. Eventually his name was removed from the mortgage as his ex and her husband wanted to re-mortgage. Neither she nor the original lenders informed me son that his name had been removed from the mortgage. He found out by chance a year or so later when his solicitors decided to check the land registry. Fortunately during this period my son did not need to apply for a mortgage of his own.

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17 Nov 20 #514791 by Djsmith
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Ok
But for me, I have no intention of signing the house over as my x has to up keep and pay or sell the house and then 50/50 Just a waiting game at present and if she tries to go for a loan against, etc then can be done for fraud, in the meantime, she is using the children and at some point, the metal wellbeing of the children will come to the front shop I would hope.

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10 Mar 21 #516048 by NeedsMust
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Did you ever find a resolution to your problem?
I find myself in a similar situation & also have the "Best Endeavours" clause in the court order of the transfer of my share to her sole name.

Ex sent the paperwork for transfer and to my surprise she had added another party to the mortgage (person she had affair with & stated that he was only going to be her guarantor!!) so i declined to sign.

Judge backed me up when i wrote to him, stating the order was final and the transfer was to her sole name....seek legal advice.

Not that it helped much as here i am 8 years later in the same situation and no sign of an end to the problem?

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10 Mar 21 - 10 Mar 21 #516049 by Djsmith
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House still in tack x is living with the 2 children one is 13/17 this year paying the interest-only mortgage leaves it until the last moment to pay, hope she defaults I can false her to sell.
Going through a written Trust D at present tying up loose ends probably have to hang around until 14/18 in 2022 around June mortgage up for re-vamp interest Jumps to 3.9 not going to allow her to decide will have it written within Trust go back to Court and false through the sale of Property Game plan but x has thrown everything at me Just trying to keep costs down as x on legal Aid lied to get it. Yes still not seen my children and it's been over a year keeps using my Daughter against me.
In 2022 should be a lot easier as 18/14 and courts will ask the Question to my x what have you done hopefully to prepare to move on once the house is sold, will be requesting for it to be sold because there will be enough equity split for her to rent for 10 years and live but she has not worked living off the state since will go against her.
Last edit: 10 Mar 21 by Djsmith. Reason: spelling and add words

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11 Mar 21 #516052 by NeedsMust
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Sounds like you have a plan of action at least and am curious to know more about what a written trust is all about? Is that a trust you've set up for the children or something else? I assume that the mortgage is paid and you are not getting occupational rent either?

Sorry to hear you have not had access to your children, it is BS that you cannot have 50/50 and totally unjust as far as i am concerned. There is unfortunately very little you can do about it unless you want to spend extortionate amounts on solicitors and barristers and courts fee's.

The mortgage on mine is fixed to follow the BOE rate, so is not going to increase anytime soon, plus the mortgage is a buy to let so technically she (and partner) are in breach of terms for living in it. After spending all of my saving and more that i borrowed i had nothing left to take her back to court many years ago, plus part of me decided that i would in no way win as the judge would not sell whilst the kids are living there.

Solicitors have so far been unhelpful in suggesting how i can vary, amend or set aside this order. Thats if i even can as it is a final order.....its just crazy!!!

About a year ago i though that there might finally be an end in sight as she told me that she wanted to sell it, because the man in her life had now moved in and was officially living there and its obvious that they would like to buy a house together, seeing as he just sold his property for 500k.

Trouble for her is she needs my permission which i was happy to give if she paid me the 50% share of the equity. She seems to think that i will get 15% but due to the transfer never happening i am of the opinion that i own half.

So therefore i was told in no uncertain terms that i would not be getting half the equity, which has now materialised into her and him living in the property because she feels like i don't deserve the half of the equity and to rub salt in the wounds there is nothing i can do about it.

So i have the ex and her partner whom together earn in the region of 90k per year living in a property worth 400k paying interest only payments of £175 per month and over half a million in the bank, plus massive pensions etc....have not paid me any rent for the last decade and i am struggling to get by on disability and currently ESA, HB & some permitted work (which ive not been able to do for the last year due to the covid)

To think i paid a barrister 850 per day for two days to come up with this agreement which has not been followed and there is nowt i can do about it...it is a mad mad situation!!

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11 Mar 21 - 11 Mar 21 #516055 by Djsmith
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Well Yes to a plan but moving sleepless nights headache etc trying to keep cost down, A Declaration of Trust (also referred to as a Deed of Trust) is often considered when multiple people have a stake in a property and there are no existing legal arrangements in place between them (for example, a Cohabitation Agreement) to determine what each person is entitled to and what should happen if the property is sold.
In my case it will be written in such away that sole use for 2 children and x but without taken lodger or alike New partner etc if that happen the sale of the property from immediate effect.
Other items within will also be added once rapped up then signed is binding.
Then I'm able to tackle her solicitor on anything that she may or may not throw at me

The house is pd by interest only 257.09 x has a court order to pay on time good Equity within so banking on false the sale in 2022 split should give her 120k at present she does not work everything is paid by the help of the state.
If she defaults may take her back sooner my outgoings are greater and she is staying in a 5 bed house complements of the state.

It's tuff us men folk seem to take the brunt but at the end the truths always rise to the top (liars are always found out because they cannot remember what they said)
Last edit: 11 Mar 21 by Djsmith. Reason: checking

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