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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Reference my previous question - my husband is asking me to

Customer Question

Reference my previous question - my husband is asking me to give him a figure for a regular payment to save having to sell the house. This means I could stay in the house with extra income for rest of my life and huis for that matter.Also means that I may have been awarded 70/30 division on property and assets if it went to Court. As I will be 80 years of age in May the percentage becomes less important to me than avoiding the trauma of moving home and away from my family whilst retaining my savings instead if costly court fees. I think the stress and expense would outweigh the benefits.My question is, if my husband agrees the figure I ask for, if this was put into writing and signed, maybe confirmed by a solicitor, would there be any obvious drawbacks to this arrangement. My husband has a 30 year fire service pension and we were married for 27 of those years. (total years married 41). I know I should be entitled to some of this but how would that fit in with above. He has co-habited since he left. Dee
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Dee - Do you know the value of your husbands fire service pension?- are you getting divorced? Kind Regards Caroline
Customer: replied 1 year ago.
Hello Caroline,Yes the Absolute will be on 29th March. I do not know the CETV but in 2014 it was around £18,000 gross per annum which he began to receive when he retired in October 1999 age 50. (He also has a full State Pension plus a self-employed part-time job). Dee
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Dee Thank you for confirming that for me. The problem you have is that if your husband doesn't disclose the full details to you - then you will simply have no idea as to whether what is being offered in settlement is fair. You should draw up a consent order to confirm up what you eventually agree. Once approved by the court - this will become legally binding. You will both have to fill in a Statement of Information Form to be sent to the court at the same time as a consent order. Your husband will have to fill in the details of the pension on this form and you will get to see it before it goes to court. You could then choose at this to accept what has been offered or you could try and renegotiate at that point. Its not binding until the court have approved an order - so you have scope to do this. Otherwise if he wont disclose the application - then you need to be giving consideration to making an application to the court. Kindest Regards Caroline
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Customer: replied 1 year ago.
Thank you Caroline for your very indepth reply. What he is offering is just a sum of money to keep the house going each month but will not stipulate how much and asking me how much I need to live on without 'selling' the house. It does not go as far as a 'Settlement' offer. On the surface that seems an easy option but does not address other issues. Would it be advisable just to go straight for a Consent Order as you have set out above. Thank you, Regards, Dee
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. You cant really draw up a consent order until your husband has disclosed all his assets to you - effectively laying all the cards of the table. You will then be able to negotiate about who should get what. Is your matrimonial home in both your names or just his? Kind Regards Caroline
Customer: replied 1 year ago.
The house was in joint names as a joint tenancy but in the early days I had this changed to 'Tenants in Common'. I have lived in the house ever since and paid all bills including maintenance etc. Dee
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Dee Thanks was just checking - because if the house was in his sole name and you obtained decree absolute - then you wouldn't have any rights to occupy the property. This isnt the case for you. Kind Regards Caroline
Customer: replied 1 year ago.
Thank you Caroline, I feel there is a very worried man at the end of my line finance wise. Your information has helped me make a considered decision to take this through legal channels. Whatever they are they will have to be met and dealt with accordingly. Thank you for all your advice. I have given five stars plus a tip. Regards, Dee
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for you kind words. So glad that I could help you. Please do not hesitate to ask If I can help you further. Kind regards Caroline

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