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Advise re divorce

2 replies

lippy72 · 20/02/2018 23:08

My self and stbxh separates last year I am resident in property and have agreed to remortgage and buy out , new mortgage company are asking for legal proof of financial settlement been told a clean break order goes with divorce application can't afford to do that until remortgage would a financial settlement be sufficient ? Also who would be responsible for the transfer of equity ? Me my divorce solicitor or house solicitor ?

Also do we have to go to mediation if we have already agreed a fair split ?

Thanks

OP posts:
WitchesHatRim · 20/02/2018 23:11

I wouldn't do anything until you have divorced and consent order done!

MrsBertBibby · 21/02/2018 08:17

No, you don't have to go to mediation.

You can't submit a consent order to the Court unless you have decree Nisi of divorce, which takes around 4 months minimum (in Bury St Edmunds, other divorce centres may vary)

No lawyer will advise in favour of a separation agreement, but you could ask your lender if they would accept one in place of a court order.

Your conveyancers will deal with the transfer and remortgage.

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