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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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unreasonable behaviour

  • k4rl
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02 Feb 11 #249195 by k4rl
Topic started by k4rl
I am currently being divorced for unreasonable behaviour a lot of the reasons are a lie but im not really bothered about that my main consern is could i be forced to pay her costs as well as mine if i agree?
am i best going to a solicitor or can i do it myself?
any advice would be appreciated

  • ditchedagain11
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02 Feb 11 #249197 by ditchedagain11
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Hi,

If she wants a divorce she will have to Petition you. You do not pay her costs for a divorce. there are however many implications to to considered. Split of assets, pensions (depends of length of marriage), any children etc.

you can use a solicitor, and they will do everything for you - BUT it isnt cheap, or you can do whats called 'self rep', where you complete and submit all the forms yourself.

Regards
DA

  • TBagpuss
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02 Feb 11 #249198 by TBagpuss
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Has she claimed costs?
Does she have a solkcitor, and if so, were you sent the Petition as a draft?

If so, you can write back to the solicitor and say that while many of the allegations are untrue, you are willing to cooperate provided that she agrees to withdraw the claim for costs.

In completing the acknowlegment of service you can state (in answer to the Q about defending the divorce) that while you don't intend to defend the divorce, you do not accept the truth of all of the allegations or that your bahviour was the main or only casue of the breakdown.

In completing the Q about paying the costs you can explain taht you object on the basis that (use those whoch apply) she did not comply with the protocol to send you a draft / she agreed not to claim or to limit the costs / she is in receipt of legal help and so costs should be limited to legal help rates / you have offered tosplit the costs and pay 50% only

The court could still order you to pay the costs.

You are not required to have a sollcitor, or coudl chose to complete the acknowelgment yourself and see a solkcitor for a short appointment just to go through & check it, rather than instructing the mto deal with eveything

  • k4rl
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02 Feb 11 #249201 by k4rl
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we have nothing to share as i walked out and left her with everything i am more worried about being forced to pay her costs as you know this can run into thousands.
yes she has a solicitor i recieved the Petition from the courts this morning.never recieved a draft.
i have been accused of being abusive towards my children and anyone who knows me will tell you that is a big lie but like i said she can say what she wants as long as i get rid of her and it dosent cost me a fortune.

  • .Charles
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02 Feb 11 #249225 by .Charles
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The costs claimed in divorce proceedings relate only to the process of getting 'unmarried'. The costs in relation to children and finances are borne by the parties incurring them unless a party acts unreasonably (such as lying or failing to comply with court directions).

The costs of divorce are typically £900-£1500 all inclusive. It works out at around 4 hours work + VAT and disbursements (court fees and, as applicable, marriage certificate fee and process server fee). The variation depends upon the hourly rate charged which depends upon which part of the UK you are in.

If you have walked away with nothing, there seems little to argue about in relation to the finances unless you have a much higher wage than your wife in whch case maintenance and/or pension shares come into play.

Charles

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