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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.

 

Court Costs

  • Jane2014
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20 Apr 16 #477175 by Jane2014
Topic started by Jane2014
I wondered if anyone has experienced having to pay costs via a Consent Order.
I attended mediation but ex wouldnt.
He had 55k legal costs which were taken out of the assets prior to division. He had also accrued 30k liabilities on his credit card which were deducted prior to divion of assets. Is this correct as it means I have paid half of his expenses and funded half of his lifestyle.
Final hearing was adjourned due to judge not approving order, but I had signed consent order under duress. At next hearing I had to pay 5k costs as it was my barrister who did not pick up on problems within consent order. I was told I should not of signed the order and stood up to her! I did trust her unfortunately.
Should it have made any difference that I attended mediation and did get more than ex had offered.
Thanks

  • .Charles
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21 Apr 16 #477204 by .Charles
Reply from .Charles
The mediation has no bearing on the proceedings, particularly as your ex did not attend.

If your ex made an open offer which you did not accept, that has no bearing on the proceedings.

As far as legal costs go, each party can run up legal costs and those costs must come from the matrimonial pot as you share the same pot up to the point that it is divided.

Charles

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22 Apr 16 #477302 by Jane2014
Reply from Jane2014
Ok thanks I will take that up with the solicitor as he said it would have a bearing.
What I should believe is a nightmare!

  • .Charles
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23 Apr 16 #477358 by .Charles
Reply from .Charles
Just as a point of clarification on my last response...

In your case, if your ex made an open offer which you did not accept, that has no bearing on the proceedings *as you obtained more that was offered*

Generally though, if an open offer is made and rejected, if the person who rejects the offer ends up with less than was offered, there is a risk of having to pay the costs incurred from the date of the offer.

Charles

  • itsbeenalongtime
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23 Apr 16 #477372 by itsbeenalongtime
Reply from itsbeenalongtime
Could I ask at what point an offer becomes part of the process. Is it after financial exchange?

  • .Charles
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24 Apr 16 #477379 by .Charles
Reply from .Charles
It is possible to consider an offer prior to financial disclosure but the whole point of disclosure is to allow each party to consider all finances and make a decision on what is fair.

It we bought a winning lottery ticket and I offered you a million pounds as your share, would you accept it without knowing what the jackpot is? I doubt it. So it is with disclosure.

Costs orders can be made when a party conducts themselves in a way that is detrimental to the process. Rejecting (or not accepting) an open offer without knowing what the assets are cannot be considered detrimental.

Charles

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24 Apr 16 #477386 by itsbeenalongtime
Reply from itsbeenalongtime
Thank you Charles, im struggling with stbx bully boy tactics.
He has made several offers, only on the table for 24 hours followed by, you wont get a better offer from a judge therefore you will now have to pay costs. Not sure I could agree if I dont know whats available in the first place.
Sorry Jane2014, not sure if this helps you.

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