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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


help, advice needed by sol if possible?

  • topaz
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03 Feb 08 #12696 by topaz
Topic started by topaz
my x has stated that he will insist that the MH is put up for sale( on the market) and that I shall have to bid for it the same as any other potential buyer.
I intend buying him out of his share of MH and have been assured( by a mortgage advisor) that raising a mortgage for full amount is no problem. x is adamant I dont get the marital home" over his dead body" etc etc.both our names on the house deeds.Can he get away with this latest ruse or would it be ignored by the sols.advce please.a yes or no answer would suffice.?

  • DownButNotOut
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03 Feb 08 #12713 by DownButNotOut
Reply from DownButNotOut
Are there any kids involved?

If you have kids and they will live with you then court will make it a priority to keep some stability in their lives and let you keep the FMH (so you will get the option to buy him out)...no other bidders involved.


Even if you dont have kids...the idea that you would have to bid against other potential buyers is ridiculous.

Sound like u can afford the mortgage so....
It really boils down to agreeing a valuation on the house.

So if he is being awkward then the likely result is that you have to pay for a formal surveyors house valuation (rather than amicably accepting the middle of three estate agent quotes). This could cost you perhaps a few hundred quid.

At the end of the day....if you want to stay in the house and you can afford the mortgage....then you should be OK.

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04 Feb 08 #12743 by topaz
Reply from topaz
thank you for your reply..Downbutnotout.
you've given me peace of mind tonight.my emotionally abusive x throws these remarks at me and although I feel he can't be right ,he still makes me worry until I can verify the detail one way or the other.no young kids now just one financially insecure adult child (over 20)still at home who will live with me after x leaves.sooner rather than later!

  • wscowell
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04 Feb 08 #12756 by wscowell
Reply from wscowell
If you are both on the title of the house (PM me for further detail) he CANNOT sell the house without your consent or an Order of the Court. The Court is VERY unlikely to order a sale to a third party without your consent if you are prepared to buy him out at full market value. And that vanishes altogether if there are kids involved.

But in ancillary relief proceedings (i.e. tidying-up the financial and property loose ends in the wake of a divorce) you may even find that you can buy out his interest in the property for less than that as part of a quid pro quo settlement. You give up your entitlement to a share in something else of his in order to get his share of the house.

The Devil is in the detail of course... :laugh:
Chin up dear, he can't do it. End of.

Will C
(Solicitor)

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07 Feb 08 #13228 by topaz
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THANK YOU WSCOWELL,PEOPLE LIKE YOU ARE THE ONES THAT KEEP US OTHERS GOING.YOUR ADVICE IS GIVEN FREELY AND FOR THAT I'M VERY GRATEFUL.

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07 Feb 08 #13229 by topaz
Reply from topaz
Correction for "freely" read ...free advice for free. thanks.

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