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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.

 

Costs

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14 Sep 19 #509641 by alreid1612
Topic started by alreid1612
Hooray. The light is at the end of the tunnel my partner's ex's story is unravelling. Undeclared bank accounts, pensions and assets are finally starting to appear after denial and falsification of court documents. We are going to have a hefty bill for all the legal support. What chance do we have of getting any of that back given this was a case that the ex had no chance of winning if he had been honest from the outset about his disclosure. What view will the judge take of his forgetfulness, omissions and deliberate falsification in awarding costs and indeed any capitalisation sum.

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14 Sep 19 #509643 by .Charles
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It is possible to claim costs but the starting point is that each party bear their own. If the conduct was so obviously bad and the court can clearly see this a costs order will be made but don't hold your breath.

Charles

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15 Sep 19 #509646 by alreid1612
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Thanks Charles. And if the costs themselves cause or are likely to cause hardship in due course after the judgement? eg if 200K is awarded and £100K is wiped out in costs causing he home to be sold in 3 years while the child is still a minor, is this factored in?

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16 Sep 19 #509654 by .Charles
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If the assets aren't enough to provide for both parties the part with the greatest need is likely retain the assets, particularly so when there are children involved.

There are no easy ways of dealing with the situation but liabilities have to be factored in as some stage.

Charles

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