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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.

 

amending or dissolving a minute of agreement

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12 Feb 13 #379366 by perplexedScotland
Topic started by perplexedScotland
Hi there
Wonder if anyone can advise me please. My ex and I setup a minute of agreement a year ago when we separated which as well as having agreed arrangements of the children also pertained to two properties. He lives in England and the properties are there and Im now resident in Scotland. One property was in joint names and the agreement was that I sign the deeds over to him, the other was.in my name and the agreement was that he would purchase this property from me and pay me a sum of money which would be the divorce settlement including all property and transactions. He now is unable to get a mortgage for the property he was meant to purchase from me and we have now come to a mutual decision that I will keep the property and he will still give me the same amount of money as he will buy the
property from me in the future. This means that the MOA has not bebeen fulfilled. The English solicitor will not release the deeds.for a.mortgage on the joint property until they get authorization about the changes. Can the MOA be amended so that we can get things moving? Furthermore we are now wanting to proceed with a divorce asap and Im presuming that this will be
held up if the MOA hasn''t been sorted out.
Can anyone advise of the best way to proceed...we are both in agreement over affairs. Can the MOA be dissolved and would a new.one need to be raised.or could specific clauses.be amended hopefully in a quick manner?
Any thoughts would be appreciated
Thanks

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12 Feb 13 #379369 by Fiona
Reply from Fiona
If you see a solicitor the minute can be amended with a motion as long as you both agree.

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12 Feb 13 #379370 by perplexedScotland
Reply from perplexedScotland
Thank you :)

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