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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.

Would a judge be likely to sign this off? Consent order.

29 replies

HulaChick · 05/12/2021 21:58

Hi, I was just wondering how likely you think it would be for a judge to sign this off:
Me, 51, Dh 57
2x teenagers, one nearly 18
House (no mortgage) £500,000
DH's pension value approx £625,000
My pension value £18,000 (have been SAHM)
DH's net monthly pay approx £4,000
My net monthly pay approx £1,400
No debts

Proposal is that DH keeps the house and buys me out through a combination of remortgaging and savings to give me 60% of value of house.
This would comprise mortgage of £212,000, and give me £88,000 of his savings.
Pension - had an actuary look at this and by ring fencing what he put in before we got together, would give me 22.2% of it (as, an equaliser value on retirement which works out at about £18.400 a year for me - I don't really understand pensions)

I am in process of buying house for which, obviously, I need the money but DH is refusing to sign the mortgage he's taking out on house in order to buy me out & allow me to get my new house, until we've had sign off from the court. So, I just wondered how likely it would be to be approved?
Married for 13 years, together for 22 years.
Thank you for reading and for any opinions!

OP posts:
TheTrinity · 08/12/2021 13:01

Please listen to the other PPs. In your situation, when you become drained by the negotiations and figures, you can lose sight that the order needs to be fair to both parties and that the Judge will have the final say, not your ex or anyone's solicitor. Your solicitor is supposed to be fighting for you to get the max. The same as his. They are counting on your desperation. Refuse to be rushed into anything. I would get a second opinion from another solicitor for this latest proposal.

Namele · 08/12/2021 13:34

I must agree with PPs this is a terrible deal for you. I understand your desperation about the house but you need to look at the bigger picture and make sure that you are cared for in old age.
Also don't listen to what he says with regards to having to pay the mortgage until he's 70. He could just sell the house if he wanted to and actually that might not be a bad idea for you to sell it and split the proceeds in a fair way. Do make sure you include his full pension and all savings when splitting your assets. And yes to getting another solicitor to look at the deal because this really is terrible.

Maxiedog123 · 08/12/2021 15:51

As per PP He really doesn't have to get a big mortgage. The house could be sold, both buy smaller houses, and pensions split . That is what most people do.
If he wants to get a mortgage to keep the current house that is really his choice and he shouldn't be making you feel bad about it.

PicaK · 14/12/2021 08:17

You need a new solicitor. This is a rubbish deal.

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