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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.

 

Wife playing games

  • STRESSEDMAN
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19 Nov 24 #524596 by STRESSEDMAN
Topic started by STRESSEDMAN
Hi

I'm the respondent in the divorce. My wife has a plan to get all equity in the house (c.£300k) plus the 25% tax free allowance from my pension - I am 55 next month. She has had this in mind since late 2023 and delayed proceedings so I will be 55 when we do for FH in Feb.

She is trying everything to keep the equity and her borrowing capability low so I have to give her more - there is evidence in her financial disclosure that she's requested low valuations of the house, and her Mortgage Borrowing Capacity has halved in 8 months despite earning more. She is 46.

the Judge ordered updated valuations of the house - which come in more favourable (even though I suspect at least one estate agent has kept the valuation low, £50k below the higher one), and Ordered that I could ask her Mortgage Broker questions, which he has not done. He answered some, but not all: i.e., he didn't answer the ones that mattered.

I have evidence of wrongdoing, and her protests around my questioning of the Mortgage Broker clearly speak volumes.

My wife and I are both LIP.

My questions are:

1. can anyone provide guidance or advice on how I should tackle this in court?
2. I am considering calling her Mortgager Broker as a witness so he can actually answer the questions I have posed - is this a good idea?
3. Does my wife and the Mortgage Broker failing to answer the questions put either or both of them in contempt of court? (My wife actually told him in an email not to answer one of the questions).

Thanks


  • EMC3419
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19 Nov 24 #524599 by EMC3419
Reply from EMC3419
To be honest, I would find a different broker who contradicts this one and use that evidence. Or even better, get reports from 3 that all make hers look silly.

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