Areas of Law / Divorce and Family

In our divorce settlement my wife was ordered to pay me a sum of money if she either remarried, sold the house or cohabited. The order states that the amount is to increase by one per cent a year. If she were to reduce her equity in the house by taking out a second mortgage, how would that affect my chances of payment?

With luck the court will have ordered that your share was to be secured by way of a legal charge against the property registered at the Land Registry. Depending on how the charge was worded, it could prevent your ex-wife taking out any further loan on the property. However if this wasn’t stated on the order it will be too late to change it now and your money could potentially be at risk. Check the terms of the court order.

What our clients say about our lawyers

The advice provided was excellent and helped me in making key decisions.

A Satisfied Client

Read More

About Us

Leading legal advisors, problem solvers – all round good guys! We’re firm believers in a practical, no nonsense approach to law. Forget the jargon, we like to keep it simple – why complicate matters? No stress, no worry, just straightforward solutions to your legal issues. Free legal advice at your fingertips, from the experts to your inbox. is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Any advice given on this site or in response to any question is only applicable to the law of England and Wales.

Privacy Policy | Terms