How to get clean brake

If your financial position improves in the future and your husband''s worsens, his claim might be worth more in the future so it is better to sort matters out now. The other thing is that any claim that your husband has is likely to be expressed as a percentage which means that as property prices increase, so does the value of your husband''s percentage. In other words, you will need more money to pay him off in the future as the equity in your property increases.

Property prices are low at the moment but there has been some recover in the past year. In 5 years time there may be a small property boom which will make it difficult for you to pay off a future claim without selling your property.

As for obtaining a Consent Order, this is based on the premise that the parties are in agreement. If your husband won''t sign, there is no agreement therefore there cannot be a consent order.

To advance the matter you will have to pay the £240 court fee and go to court. If the assets are currently limited, you can deal with this yourself otherwise you can instruct a solicitor to assist (by advising and preparing papers) or to represent you by acting on your behalf.

Charles

Thanks Charles
This is a short marriage, we seperated in less than a year and I filed when the year was up. In this case would they still concider the house price. I am concerned about maintenance and pension rights but would it make a difference with it being a short marriage.

You need to define ''short''. Pension splitting is not usually worthwhile if the marriage is short as you would only seek to split the bit that was accrued during the marriage/cohabitation.

Charles