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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have successfully dealt with the first paperwork for my decree

Resolved Question:

I have successfully dealt with the first paperwork for my decree nisi on an uncontested divorce citing 2 years separation, but feel a need to obtain a financial consent order before applying for the absolute in July. I understand I have to get a solicitor to draw this up but am not sure of the best way to go forward. I don't want to spend a lot of time and money getting complicated as my ex has agreed that I continue to live in our jointly owned house with my 27 year old son, until such time as we decide to sell and at that time he wants us to split the proceeds. I was made redundant in 2011 and paid off the last £30k of the mortgage with that money - I also paid out approx. £17K putting in fitted wardrobes in the main bedroom and fitting solar panels on the roof. In 2002 he used money left to him to purchase new windows, a conservatory and porch - at that time about £10K. I just want to ensure that if I have any larger problems to pay for from 2012 onwards I can get those costs taken from his share before splitting the proceeds of any future sale. I am not asking for part of his pension as I have my own pension from my work with Local Government and will get a full State Pension in 2018 in my own right. I would appreciate some advice please.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and what other assets do either of you have?
Clare
Customer: replied 3 years ago.

Property would probably fetch about £150,000 at present (ex council terraced three bedroom but in a nice area). I have some money from my mother who died in 2011, £10K in premium bonds, £5K in 5 year bond which matures in 2016 and just over £10K in a cash ISA. The rest of my money went on the house/mortgage and a gift to my elder son towards his house deposit in early 2013. I have a 58 reg VW Polo worth about £5K. My husband has only declared £5500 in premium bonds. His private pension will not pay out until at least next year and I am happy not to ask for anything from that as long as I can keep my own pension from the County Council which I have been taking since June 2011. I will get my State Pension in November 2018 and currently work part time 11 hours per week on minimum wage at the local Post Office. My husband works full time and intends to continue working past 65 if possible. He has use of a company car and is currently living as a 'paying guest' with a friend. Hope that helps? Thank you for your help.

Expert:  Clare replied 3 years ago.
Hi
What are the terms of the agreement that you have made with regard to assets other that the property?
What percentage share have you agreed with regard to the equity?
Clare
Customer: replied 3 years ago.

At the moment we have agreed that each retains their own pension and money assets. I have not suggested other than 50% split of future house sale proceeds but am concerned that if I were to have any issues with major maintenance - the fence blew down in the recent high winds and may cost up to £2000 to be sorted out, I could be paying out for improvement or maintenance of the main asset but still only get 50% of any future sale price less costs. Would it be reasonable to ask for maintenance costs to be taken from any sale assets before the 50% split? Could that be put into a Financial Consent Order?

Expert:  Clare replied 3 years ago.
Hi
Have you discussed these details with your ex?
Clare
Customer: replied 3 years ago.

Agreed everything but not discussed the details about sharing the expenses before splitting the sale profits, and will not be able to this week as his mother is ill and I don't want to have that conversation while he is worrying. If he does agree this, is it something that can be easily incorporated in a legal agreement?

Expert:  Clare replied 3 years ago.
Hi
Yes it is certainly possible for the Court Order to contain provision for all structural/major work on the property to be a joint financial liability
i am a little concerned that you have not taken advice on the actual settlement - but if you and your ex do reach an agreement then instructing a Solicitor to turn it into a viable consent order at a cost of about £250 or less.
I hope that this is of assistance - please ask if you need further details
Clare
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