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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Will a Barrister make a difference?

  • dukey
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08 Nov 09 #160445 by dukey
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Hi Angel

Peeps have the right to appeal an order until another judge says they don`t, some orders are set aside but very few.

Having a costs order over turned is a bit like fighting a one ton bull with a limp cabbage leaf...........my money is on the bull ;)

There are always exceptions and the legal peeps could only help if they knew every detail of the case but in general a costs order will stand.

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08 Nov 09 #160448 by Harley7
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08 Nov 09 #160453 by nbm1708
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How old is his daughter?

I'd have thought the judge would be against having a minor on the stand particularly for something as messy as this as she's effectively being asked to choose between both parents and the damage that would cause would be immense.

In terms of witness I'd have thought she'd be classed as unreliable anyway as courts are aware that coaching does go on between parent and child. Then there is the issue of vested interest as his daughter will be very aware that she lives with mum and has no where to go, or feels that is the case (plus the fact there will have been the breaking down in tears by the mother and claims that we'll be homeless etc if your dad wins this etc etc - which is the one my ex did and even took the children to a rough housing estate on the far side of town to show them where they'll have to live just before the CAFCASS interview).

T

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08 Nov 09 #160455 by Harley7
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08 Nov 09 #160466 by nbm1708
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Ok, whilst yes she does know the difference between right and wrong and if she's anything like my daughter (who has lied for her mother) she'll be putting a front on and trying to show it's not bothering her.

What will be bothering her is that if she doesn't support her mother where will she live. Has your partner actually told her that she's to live with him if things get too hectic at home or she needs a break? She'll probably just say everything's fine but at least at the back of her mind it will take some of the pressure off and reduce any threat from her mother.

He can also say that he's no intention of trying to persuade her either way but has trust in her to always do the right thing and tell the truth just as she was brought up. And that if she didn't remember that then he wouldn't be mad just very disappointed in her.

With regards to houses I find it amazing how much they seem to increase in value after a final hearing. Two surveyors reports were produced on ours first because my ex refused to agree a value and second one because after it came in at the lowest possible she wanted an updated one for the final hearing.

Came in at £195k for the final hearing and suddenly it's gone up for sale at £240k 5 months later. :huh:And they say on the news that house prices aren't going up. :laugh:

T

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08 Nov 09 #160475 by Harley7
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08 Nov 09 #160477 by nbm1708
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In which case then I'm with you and she'll have to learn the seriousness of what she's going to do.

Good luck I know it's hard!

T

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