When a couple gets divorced, there is a long list of tasks that need to be done and decisions that need to be made, all at an emotionally difficult time. Working out how to deal with a mortgage is an extremely important task, and one that must not be put off or taken lightly. There could be lasting repercussions if this key area is not dealt with properly from the beginning.
The correct way to handle a mortgage after divorce in the UK can be determined first of all by working out what type of mortgage is involved. A joint mortgage means that both parties are equally liable to keep up the payments on it. It is vital that neither party stops paying the mortgage, as this can cause both people named on it to start falling into arrears that must be repaid. This is the case even if one person has stopped living in the property on which the mortgage is being paid.
Next, talk to your mortgage lender as soon as possible after making the decision to separate or get divorced. Again, both parties should be involved in this. The sooner your lender knows about your situation, the sooner they can help you work out new arrangements for covering the remainder of your mortgage payments. It could be that one party wishes to buy the other out of their share in the property. This would then mean that the person who retains the property will take sole charge of settling the remaining mortgage payments.
If you are unable to agree on what you want to happen to your mortgage after divorce, the family court will need to step in and make the final decisions. They will do so with the best interests of everyone involved, especially any children or dependents from the marriage or civil partnership. For more information or advice, speak to one of our divorce and finance legal experts at Shortlands Solicitors.
For more information, please get in touch with us by using info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
Shortlands is a boutique family law firm with over 20 years of experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.
Our professional and highly experienced team of family lawyers can assist you in your legal matters with full respect, ensuring you maintain a private family life. For more extensive advice and information, please email info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
We talk to each other and agree on a plan that works best for your children — one that keeps them happy, comfortable, and cared for. If you can’t agree, the court can step in and decide how much time the children spend with each parent, based on what’s best for them.
If you can’t agree on child issues, start by meeting with a lawyer to understand your rights and options. Then try mediation or collaboration — a neutral person helps you work out an agreement. If that doesn’t work, you can apply to the court. A judge will make a decision based on your children’s best interests.
If you live abroad, you may still apply for a child custody order in the UK if your child lives in England or Wales, or if the UK courts have jurisdiction. The exact process depends on your situation and the laws of the country where you reside. so it’s best to get legal advice.
The court’s primary focus is on the welfare and best interests of the child, including their safety, age, needs and wishes. It also considers each parent’s capacity to care for the child and foster a positive relationship. The aim is to make an arrangement that is in the best interests of the child’s welfare
In the UK, a child arrangement case usually takes 3 to 6 months if it’s straightforward, but it can take longer if there are disputes or complex issues.
The cost varies depending on the complexity of the case. At Shortlands, we aim to offer fixed fees for each stage of the child arrangement process, so you know what to expect.
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