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Read our latest Financial Settlements guide (2021)

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.

Remortgage and consent

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rajpoot
Posted by
Elite Member

28 Jan 22 #518716 by rajpoot

Topic started by rajpoot

It has been a while since I did my own divorce but am now assisting my new partner and some details have gone from memory so hoping someone can refresh. Partner is not on title for FMH but has a home rights with Land Registry. Her ex is asking this to be removed prior to remortgage so that funds are available to settle financial - no agreement has been reached yet. Am I right in thinking that Consent Order is agreed then release for remortgage follows as part of that. I have said no way sign as a soon as you are off FMH that could be gone.

TIA

hadenoughnow
Moderator

29 Jan 22 #518717 by hadenoughnow

Reply from hadenoughnow

A legally binding order should be in place before home rights are lifted. The Decree Absolute should be delayed until settlement because it ends home rights.
I think she can agree to a change without home rights being lifted. What's needed is an order really.

Hadenoughnow

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