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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Buying property/financial order application

4 replies

Loracina · 11/02/2021 19:54

We have sent the financial order application to the court, having agreed on how to split family home and savings. Assuming the judge thinks it is a fair split, signs it off and then we can get the decree absolute. I'm hoping a few weeks?

I have now found a place I like, put an offer and it has been accepted! I'm panicking a bit, it is all becoming very real now.

I'm hoping the time it will take for the new property paperwork to be completed, will also be the time for the financial order to be approved so I don't end up with two mortgages and with a new property while still officially married.

Anyone has had a similar experience?

Thank you!

OP posts:
PicaK · 12/02/2021 19:30

No experience but I don't think you will get a 2nd mortgage while still on the first. And without any kind of mesher order etc you'd be liable for the 2nd home stamp duty.
We're in the same boat as you tho so I do hope the answer is pretty fast!!

Loracina · 12/02/2021 20:09

I checked with the bank and mortgage might be ok although will need to come up with extra deposit; but I had forgotten about 2nd home stamp duty 😭

I'm thinking I should carry on with the buying process and hope that before I exchange contracts the divorce financial order will have been approved. And hope it all gets magically done before the 31st March before stamp duty holiday ends.

So risky and stressful...

OP posts:
Squeejit · 12/02/2021 20:12

I didn’t have to pay second home stamp duty because we signed something with the solicitors which said we were separating and the split was likely to be permanent.
Presumably your decree nisi would document that if they needed it, although we didn’t.

Loracina · 12/02/2021 22:03

That is really good to know - thank you!!

I will discuss this with the solicitor x

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