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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.

 

Mortgage following court / consent order

  • Itscomplicated2024
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01 Nov 24 #524455 by Itscomplicated2024
Topic started by Itscomplicated2024
So..

we are at point of filling the Consent Order / d81 ready for the (hopeful) acceptance of court to get the absolute !

my question is then what?..

We are trying to do this as cost effective as possible, we are amicable & co parenting well. No emotional investment, mutually agreed it was time to divorce.

Husband has moved out, no longer pays mortgage. I wish to take him off the mortgage and continue it solely ,
aiming to do this March 2026 as that saves early repayment fees as due (5 years fixed term ending).

we are 36 & 37. I also work from home as it's a small holding / farm & it's the children's main residence / family home. Husband has moved back to home town (hour away) and set up life there. Works well for children / future.

so we are in process of doing consent order / d81 & aiming to do it ourselves without solicitor due to cost and them often trying to make it harder between us.

if the consent is accepted by the court how quickly do I then have to get ex his settlement figure / off mortgage. Or is it a case of once I can?

thanks for any help, what a minefield!

  • WYSPECIAL
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03 Nov 24 #524462 by WYSPECIAL
Reply from WYSPECIAL
That depends on what the court order states.
You should get a solicitor to draft it even if that is all you use them for.
Have you checked that the lender will allow him to come off the mortgage?

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