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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.

 

Will this cost me more money ?

  • SnowWhite1970
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01 Jun 16 #479169 by SnowWhite1970
Topic started by SnowWhite1970
Hello
In brief I applied for my own DIY divorce and had the decree nissi granted about 8 weeks ago . I paid the 450 and have been awarded costs.
I paid my solicitor 3k to do the financial settlement as I knew here would lie the problem.3 k is a lot of money to me .
I spoke with my ex and the problem is he is lazy . I''m not being mean - he is really really lazy . The reason I went through a solicitor is because after 27 yrs together I know with utter certainty he would never actually sort out the finances .He will always say and never do .
All he has to do is half a days work - photciping and gathering the required information . I have even offererd to help him . I don''t want him to lose out he is entitled to his share . However I explained that he has to move forward with this now or the whole divorce process will have to start again. My solicitor has been waiting over 3 months maybe 4 for his response.Im doing all the ground work and more as he also left mess in other areas and me to sort the lot .
If it goes to court I''ve been advised it will cosy 18-20 k for a barrister . All he will come out of the divorce with is around that .
I''m divorcing him on grounds of UB and he hasn''t seen his 4 children in almost a year so Im losing the softly softly approach now . If I say yes take him to court to obtain the information will I end up having to pay more money ? Im sure he will provide the information, but unfortunately only actual court papers or the possibility that his employer or mother finding out how hes behaving ever seem to make him do anything ?
Ive tried talking to him and he promised me hed send it all weeks ago and it was all lies. He went to Paris the weekend he was supposed to be sorting it .
Ill end up losing half the court fees in my settlement too and I really cant afford that.
Any tips please ?

  • Bubblegum11
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01 Jun 16 #479174 by Bubblegum11
Reply from Bubblegum11
LOL... my ex is a combination of lazy, stubborn and is quite happy to bury his head in the sand.
I am trying to reach a financial settlement too. It''s like banging your head against a brick wall. When I ask him about it he says all the right things and assures me he will do what needs to be done, but then does absolutely nothing. :angry:

Are you trying to reach a financial settlement through Consent Order or going to court?

  • SnowWhite1970
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28 Jun 16 #480555 by SnowWhite1970
Reply from SnowWhite1970
Hello thanks for your reply.
Its through a consent order.
Ive heard from my solicitor now and she says this :

Unfortunately we have received no response from your spouse on a voluntarty basis.
We will now need to consider an application to the court- the first step is for you to attend mediation to assess suitability for mediation and decide whether you and your husband would be prepared to mediate . If the mediator considers the matter to be unsuitable for mediation or your husband fails to attend he will complete the necessary court paperwork form A to apply to the court .

Cost wise she says as ive paid as they have done no work so far if I do have to make an application to the court for financial orders the fixed fee I have already paid will cover all work up to and including the First Directions Appt. Thereafter there will be a further fixed fee of £3.5 k + VAT up to final hearing .

So if he attends mediation does that mean hell just agree to provide the information which he keeps saying hell do anyway ??
I don't want to discuss it with him with a mediator that's why Ive paid a solicitor to do it ?

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Negotiate a fair deal from £299

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.


Consent Orders from £950

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.