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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.

 

Full Disclosure v Form E ???

  • Ladybelle
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13 Jun 08 #26233 by Ladybelle
Topic started by Ladybelle
Can anyone tell me what the difference is in this please ?? My sol today said that I might not even need to do form E if my stbx provides full disclosure and we can agree a settlement ? So what is full disclosure exactly ??

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13 Jun 08 #26252 by D L
Reply from D L
Hi there

Full disclosure is everything in a Form E without putting it in Form E format.

Amanda

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14 Jun 08 #26337 by Ladybelle
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Right, I see. So can it be done that way then ?? How do we do that ? Is that cheaper than doing a form E ?

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14 Jun 08 #26349 by Lady in Blue
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If you think you can sort things out amicably and both parties trust each other to disclose their assets etc. honestly and in full, this alleviate's the need to complete Form E.

My solicitor, when I had one, asked me to do a schedule of my assets and asked the other solicitor if this was acceptable and would they reciprocate.

I have produced spreadsheets for my assets and my outgoings and attached them to a draft Form E where I have only answered the relevant questions in relation to the above plus earnings, pensions, balances in bank accounts and on credit cards. I am not providing any back up documentation for the moment and I am not swearing it at court.

This is my full disclosure but where there are limited assets involved it is acceptable just to exchange details by letter.

Of course, if no agreement is reached or you suspect non-disclosure Form E will have to be done properly and sworn at court in compliance with the court process.

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14 Jun 08 #26376 by Ladybelle
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Interesting, so if I do the same then, with spreadsheets etc, this might work ? However, I dont think it will work, as I dont trust him and I want to see his credit cards to see what he has spent on his other life while I have been on the breadline :(

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14 Jun 08 #26378 by Lady in Blue
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You could still ask for full disclosure (without Form E) and question his credit card balances. If you don't think he's being truthful, then you have no alternative but to both do Form E and get them sworn. That's what I think anyway.

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