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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.

 

Court order wording re joint debts

  • Heart2
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29 Jan 24 #522438 by Heart2
Topic started by Heart2
Hi,
I am self-representing and in discussions over the wording of the court order. Financial abuse so the majority of marital debts are in my name however there are a couple in joint names and I am requesting that the conveyancing solicitor discharges these as I don't believe that ex will discharge their half if they were to have the money. Ex's solicitor said that can't be done as they are not secured debts. I don't see the issue. I know if ex didn't pay I could go back to court but I don't want to and it would cost more money. If ex said money spent and can't afford to pay there really is little anyone could do. There is also the risk that ex puts any joint debt into payment plans or DRO which would impact me. Has anyone had any experience? I am not worried about the discharging of debts in the sole names as I think I am right in saying I can't be chased for debt in his name and vice versa.

  • hadenoughnow
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30 Jan 24 #522442 by hadenoughnow
Reply from hadenoughnow
I am pretty sure the court order can set out how the money from the sale should be apportioned. i.e to discharge the mortgage and debts to x and y before the residue is divided. What I don't know is the limit of the conveyancer's duties. It makes sense that they would arrange to pay secured loans as these are connected to property.

Is another way to approach this for you to receive a slightly greater share and take responsibility for the joint debts. This liability would be covered by the additional funds.

Hadenoughnow

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