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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.


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Court next week

  • stressed1
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13 Jul 12 #342925 by stressed1
Topic started by stressed1
I sent a Notice of Application to court re the fact the Finacial Order''s integrity has been compromised by my ex husband''s actions. I have a Notice of Hearing next week, which I am not sure what it entails, does anyone know the structure of such a hearing?

My Ex-husband has stopped paying maintenance - even though professed in writing that he can afford to do so, even pay more if I do as he says and buy him out of the former matrimonial home at an unrealistic level. He has manipulated me throughout, even trying to fix the house price at a level that it will not sell. I have asked to court to intervene so that they can establish the ''true value'' of the property, it has been on the market for 3 years and not one offer has been made.

A good outcome for me would be that he pays all the outstanding maintenance, the court ask for an independent valuation of the property and it is sufficiently low enough for me to buy him out.

Fingers crossed, I have been battling for 2 years with my ex and I just want to live my life in peace and have a roof over my head for the children and I.

  • jonathancj
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13 Jul 12 #342934 by jonathancj
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I think we''d need to see the Notice you have filed to be able to say what is likely to happen next week. If the property hasn''t sold, the price is probably too high. If the court has evidence from a surveyor, or even the selling agent, that the price needs to come down to a particular level, that will almost certainly be ordered.

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13 Jul 12 #342940 by stressed1
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Hi Jonathan,

Thanks for your reply. I had sent a bunch of evidence to the court, thankfully my ex is foolish enough to put all his manipulative actions in writing. I too have produced evidence from other estate agents to show what the property should be marketed for and the likely sale price it will achieve.
I just don''t want this to drag on, I have had enough of it! I have also asked for costs incurred (a lot of unneccessary costs I might add). Can I claim back all the legal fees I have incurred from my ex-husband?

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13 Jul 12 #342957 by jonathancj
Reply from jonathancj
You can claim back the fees you have incurred on this exercise at least. You won''t get a costs order for the original proceedings. Still, getting the court fee back would be something I guess.

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