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Divorce/separation

Advise for friend re divorce/assets

1 reply

NoPhelange · 27/06/2017 12:21

My friend has filed for divorce, the forms have now arrived for their partner to sign/contest whatever upon their return from a work trip. Apparently though their partner has said that they won't sign the divorce until they sign the house over to them which friend is more than happy to do as their 4 children will be staying in the property.

The mortgage company have stated that they can't just remove friend from the mortgage until their partner has contacted them and completed an affordability check etc.

At what stage would this need to be done and what forms would need to be filled in to state that this is part of the settlement etc? A consent order? Would they be able to go ahead and apply for the nisi before all of this is sorted out or is it something that is sorted between nisi and absolut?

Friend understands that if their partner doesn't pass the credit check to become the sole owner then they will have to remain on it and possibly force the sale of the property once the youngest is 18? Again, would this need to be outlined in consent orders etc?

They've been trying to avoid solicitors up to now but I'm thinking that this is definitely something that needs professional attention? I have doubts that their partner would be able to become a sole owner because of finances and if so can they continue to refuse to sign the divorce just because they haven't got what they want out of it?

A lot of questions sorry, any advice greatly appreciated Flowers

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babybarrister · 27/06/2017 13:49

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