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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.

 

Financial agreement help please!

  • Jbdv2
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07 Jan 24 #522239 by Jbdv2
Topic started by Jbdv2
Hi

just looking for a bit of advice for a friend.

details -

husband moved out and is living with girlfriend in one bed flat she owns 1hr away from matrimonial home

wife living in matrimonial home with their 2 children (14 and 7) and is main carer for them. Works full time but has chronic health condition (Crohn's)

home is near to children's schools. kids do not want to move.

husband stopped paying mortgage 6 months ago (joint names)

wife paying mortgage by self on interest only at present. Responsible for all upkeep, bills, repairs etc

wife been told by current provider she cannot apply for repayment mortgage by self based on affordability. She had been given an agreement in principle so may be able to secure with another lender.

husband has kids approx 3 night a month

Husband in fire brigade for 15plus years, works full time and has substantial pension including lump sum (they are waiting for pension accuary report due 20th Jan)

they have been to mediation but husband has not followed up any of points discussed/agreed

Husband expecting to have lump sum handed to him and is not concerned if children have to move so would try to force sale of house.

Wife has a solicitor who she will contact again once the pension information is available?

Husband using Quickie Divorce.com

Questions

1 - Can husband force sale of house?

2) Will wife's solicitor help to put together a financial settlement offer?

3) if wife can cover mortgage but not raise additional lump sum could a mesher order be arranged?

4) If court needs to decide would a forced sale be likely?

5) can wife's solicitor contact husband to state wife's position?

Any other thoughts, info or advice would be greatly welcomed.

thanks all








  • WYSPECIAL
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08 Jan 24 #522240 by WYSPECIAL
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What’s the house like in terms of her needs? If it is much bigger than needed then there is more of an argument to downsize now.

Would she be able to run the house and cover the mortgage from her own resources ie earned income and benefits?

Does husband have a solicitor? If so wife solicitor will communicate with them rather than husband directly.

  • Jbdv2
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08 Jan 24 #522244 by Jbdv2
Reply from Jbdv2
Hi

thanks for replying!

a bit more info

wife has been paying mortgage by self since husband stopped paying approx 8 months ago. Also covering all bills and expenses with her own wage

Husband paying child maintenance calculated by Child maintence service

4 bed house - was 3 bed but husband and wife converted loft when still living together - wife payed on credit card and is still paying off by self

3 bed house needed but also wife works remotely for much of week as enables her to care for children so uses box room as office

prices in same area comparable to 3 bed house

wife would need to move to different area of town to find cheaper property

husband wants to stay
in his relocation area not to move to be near to kids so cannot help with school runs, activities etc or have children in the week overnight

wife has no family in area and both parents are dead. Support network of friends who live close by who help support with school runs or if childcare needed in week due to work commitments. Would not have
This in other area of town so could affect her ability to work full time and support children simultaneously

children wish to stay in house

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08 Jan 24 #522245 by Jbdv2
Reply from Jbdv2
Also re Solicitor

he has payed for a package from Quickie Divorce.com (?) but do not think he has a named solicitor

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