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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6175
Experience:  LLB (Hons)
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I have just started divorce proceedings my husband is moving

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I have just started divorce proceedings my husband is moving out and he wants to sell the house can I be forced to sell? There is no mortgage on the property but a secured loan of £18000 in both names the property is with around 165000
JA: Was the house purchased during the marriage?
Customer: yes
JA: Were any marital funds used for the mortgage or property improvements?
Customer: marital funds?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today. The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.


Customer: replied 12 days ago.
I understand
Customer: replied 12 days ago.
No thank you

You cannot be forced to sell until a court orders you to do so.

The starting point for the sharing of assets in a mid to long term marriage is 50/50 of all assets accrued during the marriage. The court would typically look at the needs of each party, the needs of any minor children of the marriage, and the factors as listed in s25 of the Matrimonial Causes Act 1973, which I will link to below.

If your name is ***** ***** the house deeds, the first thing you should do is to register your home rights. See here for the form and guidance: https://www.gov.uk/stay-in-home-during-separation-or-divorce

It is important to note that the finances will only be reviewed by the court after the decree nisi (now called ‘conditional order’) has been granted, and will only take effect after the decree absolute (now called ‘final order’).

You will need to attend mediation (see link below on where to find a mediator) before you can make the application to court in any case, and can therefore agree everything ahead of the time to make the application to court. If you can agree, you can get a consent order drawn up, and the court will then seal that as a consent order (i.e. an agreement between you). Sealing the order makes it enforceable. If you cannot get agreement for a consent order, one of you will need to apply to court on Form A, and the court will list the matter for a hearing to see if a Judge can help you agree. If you still cannot agree, the matter will be set down for a new Judge to decide how to split the assets.

You will both also need to complete full financial disclosure, so each of you, and ultimately the judge, can see what assets there are and what is available to share. This includes everything from savings, property to pensions etc. Until you each have full disclosure it is impossible to say what the likely outcome will be, but as stated above, the starting point for a long marriage is 50/50.

Find a mediator: www.familymediationcouncil.org.uk

Section 25: https://www.legislation.gov.uk/ukpga/1973/18/section/25/1997-06-19?timeline=true

Form A: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Form E: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

Customer: replied 12 days ago.
That’s great thank you can I also ask what is a decree of clean break? Is this the same thing?

A decree (either nisi or absolute) used to be the decrees of the divorce. They are now called 'conditional order' and 'final order'.

A clean break refers to ending all financial ties between a divorcing couple.

Customer: replied 12 days ago.
Is this in addition to the consent order or is that something different

The clean break is the financials - if there is a clean break, then that is what is recorded in the consent order.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
it’s the financial side of everything that we agree on and has to be submitted with consent order? Not something that is done before?

Mediation is what helps you start. See the info in my post above on how to find a mediator. The consent order will be drafted after you've agreed everything and then sealed by the court to take effect after the final order in the divorce (decree absolute).