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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.

 

Buying house after separation before divorce

  • Jobanana
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26 Feb 25 #525401 by Jobanana
Topic started by Jobanana
Hi everyone,
Any advice would be much appreciated.
currently in the process of a very amicable divorce from hubby. Together for 17 years married for 12. He has always been the main breadwinner (approx £190k earnings) and I've worked part time to look after daughter.
It is very tricky living in the house at the moment as, as amicable as we are, mentally for me I need my space as does he, we have a 12 year old daughter too!
long story short, we are in the process of him remortgaging our mortgage free marital home worth about £380k (in his name only) for me to be able to buy a home outright for £160k. He is then giving me £60k for savings and I have asked for 15% of his pension. We have decided on this as I have now got a full time job and will have more years to grow my pension as he is 10 years older than me. He will also give me maintenance for daughter.
if we are fully amicable on this, and well aware that the house I am moving into will still be classed as a joint asset until the Consent Order is through..is it likely that the judge could tell me that I need to sell my property?
suddenly having waves of fear of the future. Solicitors have said that they and judges are not there to make life harder to people! But you read such horror stories. Yes we are putting trust in each other but we are both very amicable and fully want our daughter to be priority here and moving on from the house is just the best option for all of us.
thanks for listening!

  • WYSPECIAL
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27 Feb 25 #525409 by WYSPECIAL
Reply from WYSPECIAL
There is no reason why a judge would force the sale of your home in the circumstances you describe.

From the assets and incomes you have mentioned though it does sound like the split is heavily in your ex’s favour which the court may consider unfair.

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27 Feb 25 #525416 by Jobanana
Reply from Jobanana
Thankyou for you reply. I understand where you are coming from with regards to the split. If this is the case and I have had legal advice etc to say that I am happy and have made an informed choice is there a chance it will get passed?

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