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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.

 

Fdr

  • Unfairoutcome
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26 May 24 #523141 by Unfairoutcome
Topic started by Unfairoutcome
I really don't know where to start .
My husband is divorcing me we attended final hearing.
Our assets are....
FMH valued at 750k
Land / buisness valued valued 150k
​My sole owned Property 118k
Husband sole owned property 130k( these have mortgages)
Current position, He lives with his girlfriend
My position, I am homeless.
( I left FMH due to domestic abuse) I lived in a caravan on our land ,so I could take care of the property,and the plot as part of the FMH. Husband was arrested e years prior,and never returned.
I rented out the FMH and paid the mortgage to date,and all the upkeep,repair and maintenance, provided the court with proof,which was accepted.
I had an Aggravated burglary 2 months before our final hearing and never returned to the caravan as I was so traumatised. Stayed in a hotel room,no washing or cooking facilities.
The business is ran by me solely,and has been since it started,and my only source of income.
Covid grants masked the accounts,but i only earn just above minimum wage.
Husband has good job with good prospects,company car fully expensed.
I have been diagnosed with Cptsd, and I had a meltdown in court( I was self representing,as had spent 25k on legals,and couldn't afford to pay anymore. I was heavily criticised by the judge,for my needs,so I told the court that the Ex should manage everything, maintenance ,tenants etc,sale of FMH etc.
The house went on the market ,and within 2 days the ex accepted an offer 150k less than asking price.
So 600k
The judge stated that the mortgage should be paid off.. then the Ex gets the first 230k,the fees get paid,and i get whats left
I retain the business
The judge didn't consider that the buisness is only a valuation, and in fact,I've been offered less than half
So..in a nutshell....I get about 70k from the sale of the house( not enough to rehouse me. There are mortgage arrears, so no chance of me getting future mortgage or even renting anything half decent.
The 2 properties we own in our sole names...mine..i bought if before we met,buf he moved in 2 years later..the judge said was matrimonial and he awarded the Ex 40% of this. I had to sell to pay my legal fees
His house..bought 2 years After we got together,and rented out( I managed the rentals) the judge said is Non matrimonial, so I got nothing.
He also got 50% of the buisness( this was part of his 230k
so he is left with 3 housing options....buy a house outright from the lump sum
stay with his girlfriend
Or move inmovies rental,and to add,he has good wage,so affording to rent a decent house isn't a problem
Mine is this. I have no home,I'm sofa surfing now,I've even slept in my car.
I'm now only working 3 days a week,as my mental health is so poor
I can't afford to rent anywhere privately
The council have offered me a B&B 60 miles away.
They say I will only qualify for a one bed flat ,when im further on the waiting list, and this will be an area where there is low demand.
I'm angry and confused that the court has put me in this situation
The FMH sale fell through,and now my ex has accepted a lower offer 50k less,which means i get practically nothing.
Help,what can i do?

  • WYSPECIAL
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26 May 24 #523142 by WYSPECIAL
Reply from WYSPECIAL
Your post is long and difficult to follow.
It sounds as if you have a final order for the finances? Was this a Consent Order or was it decided by the court?
Are you selling the business or running it?
You’ve quoted house values but then mention mortgages so we don’t know the equity which is what really matters.

  • Unfairoutcome
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26 May 24 #523144 by Unfairoutcome
Reply from Unfairoutcome
This was decided by the court.
The FMH has equity of 260k
My Sole house equity of £ 14k
His house Equity of £ 70k
Buisness Valued at 150k,but only offer( I'd rather not sell as its my only income) is £50k.
I will add,the business runs from a deprecating portacabin in a field. Iam still running it

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