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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.

 

Financial Settlement - No response

  • The Squid
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15 Nov 23 - 15 Nov 23 #522069 by The Squid
Topic started by The Squid
I have been divorced for 8 years and at the time of divorce my ex asked for a financial settlement. I agreed and got all of my information ready and with the solicitor. We agreed on a figure for the value of the house. From then on there was no communication from my ex even if my solicitor started the comms, he just ignored it.
I then tried more times between 2015 and 2020, to contact my ex through solicitors (I cannot contact him directly as the divorce was after DV so used a solicitor as this is a difficult situation).
We have the property I am living in with the children who are now 20/21 (11/12 when we split) - This property is mortgaged in both names and title deeds in both names.
Ex has paid no payments towards the mortgage since we split up and finally paid child maintenance after CMS chased him in 2020.
I have a pension which I took up 2 years after divorce. Ex has a pension and I am not sure if working or not but know he had a limited company which was dissolved in mid 2023.
I have no savings or any other income and no means to pay the fees a solicitor is asking for. I know my ex will take it to the bitter end if he ever responds which I do not think he will.
I am looking for advice on the best way forward to be financially free with no ties to my ex.
I do not want anything from him and just want financial freedom and the house in my name, happy to re-mortgage to give him his share of the equity from when we split, I have paid all mortgage payments from divorce to date and upkeep of the house and gardens with work needed.
I am also tied into a variable mortgage which I cannot change as this needs both of us to sign, which if I could have re-mortgaged I could have saved money. Will this be taken into account?
This means I can't move on as currently he still has control over me financially (DV), and this worries me as I get older and may need to move or have work done on the house which needs both of us to agree on.
Can this be done by myself or do I need a solicitor? And what can I do if he wont respond, which I am sure he will not. Thank you.
Last edit: 15 Nov 23 by The Squid. Reason: spelling error

  • hadenoughnow
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15 Nov 23 #522075 by hadenoughnow
Reply from hadenoughnow
If he won't respond to your request to sort out the finances, you may have to make an application to court to force the issue. If there is a history of DA you could ask for exemption from mediation. You can do this as LIP (litigant in person)
The first step is financial disclosure and an assessment of needs.
Unfortunately you cannot assume the matter will settle for his share based on the property value at the time of the divorce. Financial settlement is based on needs first so it is your respective needs for housing and income, now and in the future, that will be the first consideration. As your children are now over 18 their housing needs don't count unless they are still in education or at university.

It might be an idea to book a free consultation and see if you may benefit from one of the support service we offer for litigants in person.

Hadenoughnow

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