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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.

 

What is the procedure to go to court?

  • frustrated321
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14 Mar 12 #318065 by frustrated321
Topic started by frustrated321
STBX hasn''t provided a complete financial disclosure, and my solicitor says there''s nothing we can do. Is this true, or is it just a way of stringing it out for more money? What can I do to further things along? Nisi has been granted a year ago, been going on for nearly 3 years and I don''t seem to be getting anywhere. Sol just says, well we can put it into court but that will cost you thousands. But doesn''t elaborate on specifically what can be done, and how much it is likely to cost me, and if it is worth it in the end. How long can I be strung along buy STBX? 4 years until youngest child leaves school.
Can anybody advise me please?

  • Fiona
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14 Mar 12 #318072 by Fiona
Reply from Fiona
At the moment financial disclosure is purely voluntary. If court proceedings commence the court will require disclosure so it is no longer voluntary. Most spouses settle during court proceedings but if the case goes to a final hearing a case can take 9+ months from the first hearing. Sometimes though a judgement has to be made as to what more information can be acquired, at what cost and the probability of an improved settlement. No point spending £12k on legal fees if there are assets only worth £10k.

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14 Mar 12 #318076 by gorgeous
Reply from gorgeous
Hi my ex never did financial disclosure and the judge awarded me what I asked for in the end. He was ordered to pay all costs as failure to turn up and disclose went on for three years. My barrister asked the judge for final hearing and it was granted very long and drawn out totally unacceptable. Guess some people want to twist the knife.

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14 Mar 12 #318077 by frustrated321
Reply from frustrated321
Well there are things involved like shares/savings, the equity in the FMH (about £150K), we have already split the endowment payout 50/50. Also, there is £10K added onto the mortgage lent to motherinlaw to buy a house, which she rents out, and has paid nothing towards paying us back in the last 5 years. I also have £10K on credit cards in my name that STBX ran up prior to split.

I''d like to get it all sorted out, so I can move on, so I know how much money i''ve got to buy a new property for myself to live in, stop wasting money on rental property, and know that STBX cannot come after half of it!

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Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


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Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.