Navigating divorce with multiple properties

Dividing property in a divorce

When dividing properties during a divorce, the court will consider how to provide suitable housing for each person, especially if there are children (who are the top priority). The goal is to meet everyone's needs and maintain a standard of living similar to what they had during the marriage.

At amicable, we’ll have practical discussions with you about your situation. We’ll look at how your properties are owned, their total value, and work with you to figure out how you can meet your housing needs. From there, we’ll discuss how to divide any remaining properties in a way that suits both of your individual situations.

How multiple properties affect negotiations and agreements

It’s important to discuss how your properties are owned because this will impact your settlement and how it’s put into a legal document called a consent order.

For example, properties might be in one of your names, both of your names, or shared with others. There are also different ways to legally own property, such as joint tenants or tenants in common, or through a trust.

You’ll also need to consider the value of each property and any mortgages. This helps ensure you know your options when discussing each person’s housing needs.

The legal process for divorce and financial agreements:

• One or both of you apply for a divorce
• Your divorce application is checked and ‘issued’ by court. This kickstarts a 20-week ‘reflection period’
• One or both of you can then apply for your ‘conditional order’
• Your conditional order is reviewed and approved by a judge
• After the conditional order and before the final order, you should ideally apply to the court for a financial consent order. This outlines your agreement around money and property.
• After six weeks and one day, you can apply for the final divorce order, which officially ends your marriage. It's recommended to wait until the consent order is approved before doing this.

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