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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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Does her solicitor have to tell me ?

  • mbird
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01 Aug 12 #346747 by mbird
Topic started by mbird
Re:New partners finances 34 Minutes ago
Hi there, just wondering as I haven''t heard from her solicitor since I replied 3 days ago saying I couldn''t afford actuary report. My question is, if he has or indeed does apply to court for Directions to insist on this report, does he have to let me know he has done this? Or do solicitors normally just wait for the court papers to arrive? If so how long roughly till I hear from either? Sorry but really worrying about court etc
Also , while I''m here if I want her to keep house and equity etc how is that facilitated?
Thanks guys.

  • sexysadie
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01 Aug 12 #346758 by sexysadie
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If there is going to be an actuary''s report it is in your interests for it to be a joint one and for you to pay half the costs. That way you have input into what they actuary is instructed to do. Otherwise they can instruct the actuary in such a way that the result is more likely to favour their argument.

Best wishes,
Sadie

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01 Aug 12 #346762 by mbird
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Thanks sadie, the whole Thing is though that I don''t want to share pension as short marriage and 34 when separated, so long time fir her to build her own. Also she gets house. I just want to know about obligation of sol to inform of app to court?

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01 Aug 12 #346763 by mbird
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Also does her solicitor have to send me the statement of issues and chronology? I know we have to send to the court and I also sent TI her sol but her sol only sent questionnaire.

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01 Aug 12 #346771 by sexysadie
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Even if you don''t want to share your pension, if she is arguing that she should get a share you need to know its value so that you have a basis for negotiation. If it isn''t worth much then you can argue that you should get more of a share of the house, instead of just giving the house to her and keeping your pension.

I think the Petitioner prepares the statement of issues and chronology, so it will depend whether you are petitioner or respondent.

Also, three days is very little time for a solicitor to reply to your letter. The solicitor will need to take instructions from your wife and in any case will have other work which may be more urgent, or even be on holiday.

Best wishes,
Sadie

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02 Aug 12 #346882 by mbird
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My question is does her solicitor have to tell Me if he''s made this application or is it normalprotocol etc? How long till I would likely to hear?

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