Divorce Case Study – Consent Order on Family Home
24 June 2016
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Mrs. S had been married to Mr. S for 27 years, but separated 5 years ago. They had two children together and own their family home jointly.
When they separated, they also had significant joint debts and Mr. S left home and left Mrs. S paying off the joint debts alone under a payment plan.
Even though Mrs. S was working, she didn't have enough money to buy a new property or rent somewhere with the children. Mr. S had moved in with his new partner, so he had no housing needs.
Mrs. S was worried that once they divorced, their home would have to be sold for the limited equity and she would be left with nowhere to live with the children.
How We Helped
Mrs. S was concerned about the costs involved in litigation as she had limited funds. Our Family Solicitors set out to negotiate with Mr. S, rather than making an application to Court to keep her legal fees to a minimum.
We voluntarily disclosed all records with Mr. S and they exchanged financial statements.
Once financial statements were exchanged, we put together an offer for Mrs. S. The offer would ensure Mrs. S and the children could stay in the property. It involved Mr. S paying child maintenance to Mrs. S for the benefit of their two children.
Mrs. S would also be allowed to stay in the former family home until their youngest child reached 18 years old. Once the youngest child was 18, the property would be sold and the proceeds split 60:40, with 60% going to Mrs. S.
This offer was put forward because Mr. S was a higher earner and Mrs. S was the children's main carer. Mr. S had also kept an endowment pay out of £25,000 following their divorce.
Mr. S accepted our offer. We drafted a Consent Order which was approved by a Judge.
Mrs. S her two children can now stay in their family home without the risk of the property being sold, until the children have both grown up.
At Co-op Legal Services we offer initial legal advice on family law issues including finances after divorce and Consent Orders.
Once we have provided you with a written quote for the agreed work, that price will not change.
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