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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.

 

likely outcome

  • chrissy66
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22 Jul 24 #523566 by chrissy66
Topic started by chrissy66
hi all again,
i thought i would set out my corcumstances as i am at a loss as what to do, i feel i have tried everything.
moved house july 22, 5 weeks later now ex left for a lady he had been seeing prior to the ,move i didnt know this at the time but i certainely do now lol.
i am disabled and cannot work, i have no affordability to pay the ,mortgage, ex has refused to pay the mortgage and also refused to pay the interest.
house worth £285,000
pensions combined £150,000 excluding one pension he left out.
there are arrears on the mortgage of approx 7,000
mortgage remaining is £approx 58,000.
he has a good job earning around £55,000 plus a car allowance on top

i dont know what will happen to me and that is scary as the none payment of the mortgage has ruined my otherwise perfect credit rating.
i believe my ex is deliberately winding down the equity so i cant buy anything therefore i will be on the streets, as a disabled person with no family that is frightening. i have exhausted all charities, the cab which wont see me in person and i dont have the ability to send everything to them also if they ring you and you cannot get to the phone intime they cut your case off and you have to start again that is one exaple of how difficult this has been for me regarding my disabilities etc.

I cannot afford private rent and even if i could they will not accept someone with really poor credit rating or so i have read.
how is this likely to pan out for me. i only recieve universal credit and pip.

  • WYSPECIAL
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23 Jul 24 #523567 by WYSPECIAL
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You won’t end up on the street.
Have you spoken to the lender about the arrears? They will chase both of you.
Where are you in the divorce process?

  • chrissy66
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23 Jul 24 #523572 by chrissy66
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Yes spoken with them many times, and understandably they want thier money, I can't and ex can but won't pay them.
Which leaves me in a more difficult position as the equity goes down there will be less money.
I have tried everything, to pay it but I cannot afford it.
The lender won't hold out much longer, my ex isn't bothered as it won't affect t him in the long run.

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24 Jul 24 #523573 by WYSPECIAL
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Have you started divorce proceedings?
If so apply for a court order for him to pay the mortgage until it is sorted.

  • EMC3419
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24 Jul 24 #523576 by EMC3419
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If you are disabled and unable to work then you should be eligible for universal credit and also a loan for the interest portion of the mortgage. That should at least allow you to start rebuilding your credit rating.

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24 Jul 24 #523577 by EMC3419
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I think this is an unlikely outcome if he is earning only £55k and needs to rent elsewhere whilst this is being resolved. The mortgage itself is only £58k and interest only is probably only about £250 a month. It would be reasonable to expect the OP to claim a mortgage interest loan along with benefits whilst this is being resolved.

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25 Jul 24 #523583 by chrissy66
Reply from chrissy66
no one said the ex was renting, it is highly unlikely that anyone independent of this would assume the ex is renting when nothing has been mentioned about that.

For instance, wyspecial, "asked" if divorce proceedings had begun as i had not mentioned any part of that, he/she did not assume.

the ex, for instance, could be living with family.
living with friends.
living with his partner
have another property

someone isn't happy

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