The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

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.

 

Application for financial order - what to expect as respondent

  • ATMSPC
  • ATMSPC's Avatar Posted by
  • Senior Member
  • Senior Member
More
10 May 20 #512367 by ATMSPC
Topic started by ATMSPC
My ex (Decree Nisi) has informed me that he is instructing a solicitor to represent his interests and has form A signed by a mediator.

Although we're not too far apart on assets split overall, ex wants FMH sold now to release some equity for him. I can't remortgage for full amount he wants so I want to đefer sale until children are older (4/5 yrs).

What should I expect in terms of the process and likely timescale?
I guess it will all take longer in the current crisis but I'm expecting I will get some sort of letter from his solicitor reiterating what he wants to happen and I'll need to formally respond? What happens from there? I'll be self repping so trying to be a step ahead so I'm well informed and prepared.

Thanks

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
10 May 20 #512369 by WYSPECIAL
Reply from WYSPECIAL
Priority will be housing the children.

Where is he proposing they will live if FMH is sold?

Will the sale generate enough to buy you a suitable home with your current mortgage raising capacity?

  • ATMSPC
  • ATMSPC's Avatar Posted by
  • Senior Member
  • Senior Member
More
10 May 20 #512371 by ATMSPC
Reply from ATMSPC
We would have a 60/40 split of equity in my favour to put down as deposits on separate houses.
With the max I could mortgage for I could in theory buy a 3 bed house in this area or not too far away.
I've other mitigating circumstances for deferring sale but if they're not accepted I will have to suck it up. I assume there's only an obligation to market the property and if an acceptable offer is received, a sale can only proceed if I agree and have been able to secure a suitable property for our family needs. Depending on how long the due process takes, a year or so for sale and repurchase may take 2-3 years anyway. Seems like he is willing to spend a lot of dosh purely to assert his own imperative.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
10 May 20 #512372 by WYSPECIAL
Reply from WYSPECIAL
If you don't really want to sell and you are the one showing prospective purchasers round it could be a long process.....

  • ATMSPC
  • ATMSPC's Avatar Posted by
  • Senior Member
  • Senior Member
More
10 May 20 #512373 by ATMSPC
Reply from ATMSPC
Thanks - that's what I thought.
I would still like to know what's coming in the legal process though.
I've a draft of form E ready to submit and will have my reasons for requesting deferral. Do I need to prep anything else? What would my first court requirement be?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
18 May 20 #512477 by hadenoughnow
Reply from hadenoughnow
The first thing will be a notice of first appointmen setting out the date of fhe hearing and a timetable for producing documents. First is Form E, financial declaration. That a decision may be based. is followed by chronology, questionnaire and statement of issues. The first hearing is mainly administrative and is aimed at making sure there is enough information about needs, assets, income etc on which a decision may be based.

Various orders may be made, including for valuations, pension reports etc.

Nest hearing FDR is one where offers are made, negotiations take place and the judge should offer sn opinion on fair settlement. If agreement is not reached, the case will be listed for final hearing at which evidence will be examined and the judge will impose settlement. You will be encouraged to settle all the way through.

The applicant is normally expected to produce court bundles unless the respondent is the only one represented.

If you need help to navigate the process, we have several fixed price services you may find useful.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

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.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.