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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.

 

Costs and do i have to pay

  • tristan99
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05 Nov 11 #296396 by tristan99
Topic started by tristan99
I am the Respondent in my divorce. Today I have recieved my Decree Nisi with an order to pay the costs.
I am unrepresented due the fact i am currently paying the ex two thirds of my salary every month (half the motgage and CSA) leaving me with approx £400 a month.
At present i am living with my parents as i am struggling to live let alone find my own place.
She however is represented.
She works part time and earns approx £1200 per month plus my payments of £1200, plus all benifits etc.
My questions are:
1. Approx how much are the cost going to be?
2. Is it worth appealing the costs at court?

  • .Charles
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05 Nov 11 #296414 by .Charles
Reply from .Charles
the costs are likely to be £1000-1500. no, it is not worth appealing the costs order. it is worth making an offer to settle though.

Charles

  • tristan99
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05 Nov 11 #296418 by tristan99
Reply from tristan99
The problem is i simply cannot afford it. What kind of offer do i need to make to settle?

  • MrsMathsisfun
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06 Nov 11 #296425 by MrsMathsisfun
Reply from MrsMathsisfun
Why are you paying so much if you cant afford to live yourself?

I think Charles means you need to sort out the financial aspect of the divorce.

Set out what you think the asset split should be.

Do you own a home jointly, What do you want to happen. Can your ex afford to remain in the house, do you want it sold etc.

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06 Nov 11 #296426 by tristan99
Reply from tristan99
I am paying so much because my ex will not sell the FMH, which is owned jointly and which i want to sell in order that i can spend quality time with my children and move on with my life.
The house is neg equity and we are both in debt.
My request is to sell FMH and both form E have been submitted with a FDR in Jan.
My ex is adamant that she does not want to sell the FMH due to her continuing to be in debt and does not want to move the children, however i cannot see that a 5 bed house for 3 boys and her is fair especially when i am living in one room with my parents where i am unable to have all three of my children stay overnight, instead i can only have one stay at a time and they have to sleep with me.
Obvoiusly because i am paying out so much i cannot afford a solicitor and therefore have been representing myself, but i just cannot see,understand or indeed afford the costs for the Nisi and cant comprehend why i should be ordered to pay.
But if Charles says its a "no brainer" fighting the costs i suppose i am going to have to bite the bullet:(

  • dukey
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06 Nov 11 #296430 by dukey
Reply from dukey
If you refused to pay costs did you attend the hearing to decide who should pay, yes it is difficult to defend these costs but if you can`t afford to pay judges don`t usually ask you too.

Your simply paying too much, on your income you should only be paying the CM at CSA rates, its hard but you need to tell your wife you cannot be expected to live on £100 per week in a room in your parents house, you need to be able to see your children and to do so you need to rent.

Bit the bullet my friend,.

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06 Nov 11 #296435 by tristan99
Reply from tristan99
The Nisi hearing is at the end of Nov i had written notification yesterday. I will attend and state my case re costs. What documentation do i need to take to oppose the order for costs?
In respect of the payments i make my ex has threatened court action if i do not pay the mortgage and she will not budge on selling the house

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