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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband has found another partner and moved out of our home

Customer Question

My husband has found another partner and moved out of our home and we are planning to get a divorce. We are both happy with this arrangement, have no children and just want to work together to resolve this as amicably as possible. Our plan is that I will stay in our home and I will buy out his share of the property. We wholly own the house and have no mortgage. I am in the process of taking over the responsibility for all bills concerning the property which were not already being paid by me. We have obtained a valuation and agreed a sum acceptable to both. To transfer the equity and to make all the arrangements with the Land Registry we will be using a Solicitor. I will not need a mortgage to buy out my husband and we will be agreeing between us how any other assets we both own will be distributed. I know that you can arrange a divorce without involving a solicitor when partners can agree so just wanted to check if this would be possible in our case or if there is anything else we need to consider.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Yes, you can both deal with the divorce and financial matter without a solicitor. However, the financial matter can be fairly complicated as you will both need to agree to and sign a consent order and D81 (financial information sheet) to be sent to court. The court will need to ensure that any financial settlement is fair for both of you before approving it.
Please let me know if you have any further questions regarding this.
Harris and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Would I be better to wait until we start the divorce proceedings before going ahead with the transfer of equity arrangements, or can all this be agreed beforehand please?
Expert:  Harris replied 1 year ago.
It would be better to wait for the court to approve the consent order before transferring the equity or dealing with any of the assets.

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