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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


How do I get my ex to commit to pay maintenance?

  • twinkletoes10
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05 Apr 12 #321874 by twinkletoes10
Topic started by twinkletoes10
I,m having a nightmare trying to get my ex to commit to paying maintenance. We split a year ago due to infidelity on his part and I have stayed in the family home with our 2 kids. He is now living with someone else.

So far he has continued to pay the mortgage but I have said that if he commits to paying me a certain amount per month I will be able to buy him out of the mortgage, but he won''t! My solicitor has said that if we don''t get the finances sorted she wouldn''t advice applying for my absolute!! I''m stuck because he just won''t commit. I don''t have the money to send endless letters from solicitors and raising court orders etc so what do I do? Has anyone been in this situation? And yes I have asked him directly - email - in person etc, but even thought the court has said he''s at fault and should pay cost etc it seems ridiculous that it''s got to be up to me to sort it!! What do we pay these solicitors for. Any help would be appreciated.

Thanks

  • jonathancj
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10 Apr 12 #322717 by jonathancj
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There is a way of forcing his hand - it''s the issue of a financial application. This commits you to the cost of court proceedings. There really is no other way of dealing with this. A solicitor can solve the problem only if you allow him/her to start the legal proceedings. If you can''t do that, the solicitor is helpless.

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