Date: 3/12/2024
Author: Alun Jones Family Law
The most significant concern during divorce proceedings for most people will be what will happen to the family home.
It may seem like a tug-of-war with your former partner right now because both sides might be adamant that they wish to retain the property.
This means the divorce could become bitter and protracted unless carefully managed. This is why you need the expert advice a divorce solicitor can offer. This is to work across both sides to reach a financial settlement that both parties feel is fair.
There is no set formula to follow.
Remember that there is no “one-size-fits-all” approach to distributing property values during a divorce.
Often, couples entering the divorce process falsely believe that there is a set formula that can be followed. However, this is not the case.
However, reality is often more complex, and the property’s value is not always divided evenly. This complexity underscores the need for professional guidance regarding property division, and we strongly recommend hiring a divorce solicitor as soon as possible.
The starting point should be a 50:50 split when entering negotiations. Yet, with that said, other factors enter the mix, such as whether there are dependents and their housing and financial needs should be the top priority.
Another factor to consider is whether either partner can afford the monthly repayments on an ongoing basis. If the family home becomes too expensive, even after spousal maintenance has been agreed upon, then there may be no other option but to sell the home. This is becoming increasingly common due to the substantial rise in mortgage repayments and mortgage costs.
The family courts and divorce lawyers should also consider how much equity has been accumulated in the property.
A divorce lawyer often plays a crucial role in property division and ensuring you receive a fair financial settlement. A family lawyer can provide expert advice, negotiate on your behalf, and protect your legal rights.
Family courts
Your former partner might be making what you deem as a set of unreasonable proposals that you are adamant you are not agreeing to.
Far too often, a divorcing partner will say, "We will see about that. I am taking the matter to court."
However, this is often said in haste.
You should refrain from making such comments until you are adamant that you want the divorce to proceed through the courts.
Our best advice is to negotiate outside of court where feasible and where your appointed family lawyers have advised this. Therefore, don’t dismiss direct negotiation methods out of hand.
Leave all options on the table and carefully evaluate your available methods. This will empower you to make informed decisions about your property division.
For example, you could seek a resolution through family mediation or collaborative law
Family courts and why this should be the line of last resort
It would be best to consider the family courts as the line of last resort.
When a divorce proceeds through the family courts, you ultimately lose control over the outcome. A family court will ultimately decide what will happen to your financial assets, such as your home and other assets you may have accumulated.
Therefore, research whether “family mediation” or “collaborative law” would be a better direct negotiation method for your situation. (insert internal links)
Could you benefit from a Mesher Order?
Obtaining a “Mesher Order " through direct negotiation or court order is possible; we can help you with the process.
This is simply an order to delay the sale of the property until a specified date or event occurs.
For example, you might mutually agree with your former partner that the property will not be on the market or sold until the children finish higher education.
We also can help you obtain a “Martin Order.”
Our family law practice can help you obtain what is called a “Martin Order”.
A Martin Order is similar to a Mesher Order. Martin Orders are for separating couples who have no children yet are married.
Will I still have to pay the mortgage even though I am no longer living at the property?
The mortgage is nothing more than a debt; it will be considered the same as outstanding finance, like a hire purchase agreement you may have for your car.
Therefore, you are jointly named on the mortgage; you are equally liable to pay off that debt with your partner until the mortgage has been paid.
In short, therefore, the answer is yes.
Even if you no longer reside with your former spouse and are named on the mortgage agreement, you are still liable to pay that debt monthly.
Call the experts
We are your local, friendly divorce lawyers. We have the knowledge, expertise, and will to help you reach a fair resolution.
There are very few family law practices with the level of expertise and knowledge that we have here at Alun Jones Family Law. We are an established family law practice headed by Alun Jones.
For expert family law advice, contact us today
