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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


The Court process

  • scaulkett
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25 May 12 #332843 by scaulkett
Topic started by scaulkett
Does the Judge take into account the cost each party has incurred before reaching court and the cost of going to court? I have stopped proceedings because I can''t afford it as I have already spent in excess of £4000 and have been told could cost another £8000 but my solicitor told me the judge could say I had opportunity to resolve the matter and didn''t! What??

My circumstances will be different when it finally goes to court now like my children are older and I earn more. But that means I can better afford the fees but does that really mean I will lose out because my ex stalled throughout the whole process and wouldn''t give his financial disclosure?

Thanks

  • Support4U
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25 May 12 #332848 by Support4U
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Non-disclosure is grounds for appeal. Refusal to follow court order ie disclose is dealt with by penal notices and committal in the end. Courts don''t like it but it''s the law. You should not be affraid of costs as this is where a lot of people run scared. There is financial and on-financial conduct. So follow the law and you are better doing it alone as a litigant in person. People can help and you can move easily through the entire process.

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25 May 12 #332868 by Fiona
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Disclosure pre application is voluntary and each party pays their own legal costs. Once court proceedings commence it''s a different ball game and the court requires disclosure. Although it is usual for each party to pay their costs in financial proceedings not complying with the rules and regulations and causing unnecessary hearings is justification for the court to award a costs order against someone and the cost of lawyers can act as a deterrent.

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