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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.

 

Unique Case - need help!

  • Hit a brick wall
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30 Apr 24 #522972 by Hit a brick wall
Topic started by Hit a brick wall
I've sought various free advice and have paid for a solicitor but no one has seen a case the same so they seem vague with their advice?! Long story short...my soon to be ex husband of 14yrs is now in prison for my rape. I have been the main bread winner the whole marriage and paid the full deposit on our house 10yrs ago. We have two children together. I don't qualify for legal aid but also can't afford solicitors fees long term. Our house is in both names but I have always paid the mortgage. He obviously pays nothing now as he's in prison. Can I legally have his name removed from the mortgage and get a clean financial break from him? I just feel like I keep hitting a brick wall and until this ends he will always have a hold over me 😭

  • WYSPECIAL
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01 May 24 - 01 May 24 #522976 by WYSPECIAL
Reply from WYSPECIAL
Advice would probably be vague or generalised until they have all the facts around your finances so it could be seen how the pot could get split.

The fact he is currently in prison won’t stop you being able to get a divorce and therefore separate your finances. The main priority will be housing the children.

Try ringing the helpline.
Last edit: 01 May 24 by WYSPECIAL.

  • hadenoughnow
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01 May 24 #522979 by hadenoughnow
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You will need a legally binding order to remove him from the deeds. Presumably you are in a position to take on the mortgage in your sole name?
Financial settlement is first and foremost about needs. He will need somewhere to live when he is released. How far in the future is that likely to be?
You could argue contributions if you have funded everything but I imagine you would have to show he will be able to house himself. This could be in rented accommodation with say a year's rent paid. Whether this would be seen as reasonable will depend on all of the circumstances of the case.
You can apply to the courts for financial settlement if you have an address for him. You would be exempt from mediation. The court can make arrangements to protect you as a victim of domestic violence. He can participate in remote hearings but you can be kept separate so you don't have to see him.

Hadenoughnow

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01 May 24 #522980 by Hit a brick wall
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He had a 7yr sentence to serve 5 in prison and 2 on licence. He lived with his family over the 4yrs it took for the trial and went to prison Mar 23. I just hate the thought that he has to pay nothing towards his children or the house for the next 7yrs but I have to potentially give him a third/quarter of everything. I know it sounds bitter/harsh but what are my chances of him getting nothing? He will no doubt go back to living with his family when he comes out. I have kept this amicable for our children and i encourage them to write to him but they are starting to understand him a bit better as they enter their teenage years. He has always said he would sign the house over to me but only when 'this is all over'. I want to hate him and move on but he has this hold over us.
Thank you for your advice so far.

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06 May 24 #523021 by WYSPECIAL
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You’d need to post details of everything there is to be split for anyone to comment but it is unlikely that after a long marriage with children involved that one party will get 100% of the assets and the other nothing.

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