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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13474
Experience:  25 years experience of all aspects of family law
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My sister, who is British and lives in the UK is getting

Customer Question

My sister, who is British and lives in the UK is getting divorced - she initiated the process. She expects the decree nisi to come through in the next couple of months. However, she has been unable to agree a financial settlement with her husband ('adjudication' pending) and I am worried that once she gets her divorce her position may be weakened. The only asset seems to be the family home and her husband is adamant that he will not agree to a sale. There are three children, two of whom (aged 14 and 16) are still living at their home. My sister's lawyer has been on sick leave for some time and my sister has been so distraught over the whole business that I am not sure she is able to properly defend her interests.
Can you help?
Submitted: 2 months ago.
Category: UK Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage?

What income do they each have?

Customer: replied 2 months ago.
Hi Clare,
Thank you for responding. I don't have the full details but their house must be worth around £800-900 000, and at least a third will still be owing on the mortgage. My sister gave up a good job more than ten years ago as her husband had bought a company in a different part of the country. That company is now insolvent and has been taken over, so both she and her husband have lost their shareholdings. Her husband has been retained to manage the company on a salary of £150 000 per annum but his contract only runs until August 2017. They also have a holiday home which would be worth about £200 000 but that also is mortgaged.
Customer: replied 2 months ago.
I meant August 2018 i.e. a one-year contract.
Customer: replied 2 months ago.
I suppose my main worry is this: is it possible for a divorce to be granted before a financial agreement between the parties is reached?