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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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  • cloud09
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09 Jul 19 #508428 by cloud09
Topic started by cloud09
My husband and I are divorcing after 20 years of marriage. We also run a logistics business together which complicates matters. The Decree Nisi was granted in February this year. Maintenance isn't an issue as our 3 children are adults.

The process has been a really difficult one with my husband being very awkward to deal with and actively undermining the process. We finally submitted a Consent Order to the Court in April. It took months of wrangling with him and I made a number of what I felt were concessions in order to get something agreed. Because the Court had taken some weeks to review the CO, they then contacted us and asked for several dates to be updated, which we duly did and re-submitted it. They then got in touch and asked for a response to three points they felt were not entirely fair to my husband. We have responded and are waiting now for a further response.

A court date is set for the end of this month and given how long the courts have taken in responding to us on the CO it looks like we'll need to now go down the hearing route.

Whilst I have tightened my belt and reduced debt, my husband has continued to spend freely, rack up debt (including long haul holidays) and so if we need to submit up-to-date financial information his position will be much worse than mine and so on paper his financial needs will be greater. I will be penalised for being careful.

I am at my wits end. Because of the spiralling costs we both agreed to dispense with our solicitors since we'd arrived at an agreement we were both happy with. However, I've since found that my husband has kept using his solicitor. I cannot afford to do the same.

Has anyone else faced a similar issue or have any useful advice?

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