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Financials and form filling

Posted by ChrisL 
Financials and form filling
April 01, 2022 06:18PM
Hi all ...
Im after some advice regarding possible outcome regarding consent orders

Having been married for 30 years
My Stbx decided to up and leave 4.5 years ago up until that point we both relied on joint ESA and her PIP disability benefits
Stbx has and continues to live with the new partner since our seperation and now in receipt of UC & PIP disability benefits in her own right
Since seperation I have also been awarded ESA and PIP disability benefits in my own right

Neither of us have an dependant children ...savings or stock and shares etc

Although we both own a parkhome valued at 60k

There is a 10 % selling fee payable to site management
leaving 54k

My eldest son is Looking to offer 27k and buy her out of the property in a consent order ...I would leave the home to him soley in my will
Looking for consent order (clean break)

1. I'm concerned that because STBX will loose entitlement to benifits as would be over the savings cap ( Stbx cannot get a mortgage or use the capital as deposit )
How would this be looked upon from a judges point of view...no income of her own just disability Pip and the lump sum payment from maritorial the home

Form d81 mentions the effects of approving the consent order
STBX would have no income apart from PIP disability benefits....
Would I be expected to help out ie maintenance of some sort or will STBX be expected to live on the lump sum and disability Pip until under the UC savings cap
And what should we write on the form

Thanks for advice in advance and sorry for long post

Edited 2 time(s). Last edit at 04/01/2022 06:33PM by ChrisL.
Re: Financials and form filling
April 02, 2022 10:56AM
>>what should we write on the form

Drafting a consent order is best done by a solicitor. It is not a DIY task any more than writing a will is. Both can be done without using a solicitor but it would be false economy to do it because there are so many technicalities and it is so easy to get wrong.
Re: Financials and form filling
April 02, 2022 11:33AM
Thnxs for replying
Yes I understand that best left to the pros...
Tho I'm still in need of advice regarding the loss of benefits to Stbx....Could or would this be bad for myselfcould that mean Stbx would ask for bigger lump sum for the home and actually be entitled to that.etc

Edited 1 time(s). Last edit at 04/02/2022 11:35AM by ChrisL.
Re: Financials and form filling
April 02, 2022 12:26PM
Or should l point this out during mediation
That if we sell both get a 50/50 split
Stbx will loose her entitlement to benifits and so would I and this would also make me homeless in the process possibly giving me a bigger share as Stbx is housed with partner of 4.5 years
And then mention that son will purchase Stbxs part and then ownership be transferred in my name in effect buy stbxs share on my behalf ....

Edited 1 time(s). Last edit at 04/03/2022 01:51AM by ChrisL.
Re: Financials and form filling
April 18, 2022 11:53PM
Any advice plz
Re: Financials and form filling
April 19, 2022 10:40AM
I don't really think it is appropriate to advise on this if it is advice upon which you intend to rely. You may be able to talk this through in more detail at a Citizens Advice Bureau.
Re: Financials and form filling
April 26, 2022 11:55AM
Just a follow up....
Iv been trying to spk to citizens advice and will continue to albeit to no avail so far...
Iv read on birketts solicitors website that its possible to reduce the settlement amount by paying for rent up front / white goods for the home / debts (parking fines / catalogues)
I was wondering about newish second-hand car
All put in a consent order
This would reduce the pay out below the benefits cap to Stbx and therefore keep entitlement to benifits
Have you come across this and could this be workable in your opinion ....
Re: Financials and form filling
April 26, 2022 05:22PM
I have already said I am not going to give advice on this because in these circumstances I don't think it is reasonable to expect me to do so.
Re: Financials and form filling
May 10, 2022 09:28AM
Hi All.
Complete novice here. I intend to apply for divorce myself. Form D8 section 8 Question 8.1. Do I tick box yes or no if I intend to apply for a consent order after decree nisi as the question seems ambiguous to me.
Many thanks Rookie.
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