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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.


Can I trust the judge? Will this save me?

  • Mollydoll
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20 Feb 21 #515855 by Mollydoll
Topic started by Mollydoll
I'm years in and a few £thousand pounds down trying to negotiate a settlement but my STBX is insistent the proposed financial settlement is fair, and is bull-dozing ahead.

His own Solicitor says "On the face of it the agreement you have reached is quite possibly going to be questioned by the Judge once the Consent Order has been submitted".
"On paper given the values of the assets and the factors the Court will consider, length of marriage, children, earning capacity, income, pension provisions and capital, the Order looks unfair on your wife, who I believe has had similar advice".
I haven't signed anything, this was a verbal agreement after mediation whilst my STBX became increasingly angry in front of the children when I wouldn't agree.
I've said if it's considered fair, (and obviously there's a range of fair outcomes) I will accept it, but I don't believe it meets our needs.
Me being represented by a Solicitor made no difference or progress, he ignored all the letters and his own Solicitor is now drafting the agreement.
Obviously I can delay this by not signing, am I allowed to correspond with his Solicitor directly.? If I signed could the order just go through or is it likely to be blocked? Does his solicitor have an obligation to only put forward a fair proposal ?
Thankyou all

  • hadenoughnow
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20 Feb 21 #515857 by hadenoughnow
Reply from hadenoughnow
If it is not fair then don't sign it. You can only have a Consent Order if you agree to it. Although the judge may reject an order that appears wrong, I would not rely on that. If the judge rejects it you would be back to square one with negotiations.

Have you had legal advice on the settlement? If you haven't you really should. If you don't currently have a solicitor you could look at our fixed price legal financial consultation.

You can make an application to court which will get you into a timetable for settlement and if you cannot agree something reasonable between you, ultimately a judge will be able to impose an order. Again if you need help, there is cost effective support available via this site.

Hadenoughnow

  • Mollydoll
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21 Feb 21 #515861 by Mollydoll
Reply from Mollydoll
Thankyou, yes I've taken advice from a Solicitor and will take more before signing.😊

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