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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.


Settle or fight?

  • Mollydoll
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10 Jun 20 #512798 by Mollydoll
Topic started by Mollydoll
Hi all, ive been trying to reach a financial settlement for years now, mediation hasn't gone well with refusal to make full financial disclosure and now the same with a Solicitor.
The main asset in dispute is a Senior Police officer pension share, 2 ranks higher than when we split - (if needs met without accrual in separation thats ok with me, but Solicitor saying it must be current figures).

A settlement has been offered, at the lower end of estimates from Solicitors, & has been increased 3 times now since discussions started.
The only route now is court est.3-9 months and associated fees with other half fighting all the way.
Has anyone fought all the way and glad they did, or settled and not felt like a failure !
The case for me seems strong but the fight is daunting on top of full time work and raising children, im finding it all very stressful and the other half is pushing for completion-with intimidating behaviour. Plus raising children with someone who is going to resent all this will be extra tough, even though hes stamping his feet to get his own way, again.
Thanks all

  • hadenoughnow
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12 Jun 20 #512825 by hadenoughnow
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Have you now got full financial disclosure? Has there been an actuary's report on how the pension should be shared?

The trouble with financial settlement on divorce is that there is a fairly wide spectrum of fairness within which a decision can be made. As a result different judges can see things in different ways but the views they express or decision they make cannot be appealed on grounds of law.

The court process is not necessarily about fighting to the bitter end. You are encouraged to settle all the way through. If you have full disclosure at an early stage you can make the first hearing FDR at which settlement can be made by agreement with advice from the judge.

It can be very helpful to force disclosure. It also puts you in a timetable for settlement.

I guess my question here would be why does the other side seem so keen to avoid court? Remember police pensions may be undervalued by CEV. There may also be early benefits that can be taken.

Without knowing the full details and the offers on the table it is hard to comment further. Are you represented? What does your solicitor say?

Hadenoughnow

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13 Jun 20 #512838 by Mollydoll
Reply from Mollydoll
Thankyou, the Solicitor and all other advice sought can't confirm the offer is fair because full disclosure hasn't been made, (offer is made on 2013 figs when we separated) which is understandable and equally I'm being pushed to agree but don't feel i can make a informed decision. As I'm still in rented accommodation this needs to be enough to start again and I'm 50 now so mortgage options may reduce.
Perhaps self-repping as far as FDR is a less expensive and achievable goal, rather than feeling overwhelmed by a long court process with no guarantee of success.🙄

  • hadenoughnow
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13 Jun 20 #512839 by hadenoughnow
Reply from hadenoughnow
An application to court would force disclosure. When you have that you can take advice on settlement.

If you need help to apply to court and get through the early stages without a solicitor, speak to the helpline about the services we provide for litigants in person or have a look at the services tab.

Hadenoughnow

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