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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.

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Nisi

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04 Feb 11 #249716 by drummyb
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Hi all

Well Im currently at the negotiation stage. I literally do not have a pot to pee in having left the marital home and her having everything in it.

The NISI is in a couple of weeks time and unfortunately I cant attend it.

With regards to court costs, can I send a letter to the court at this stage asking that while I realise that I may incur court costs for her, financially this is difficult for me to pay as a lump sum and that to pay the full amount is going take me many many months

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04 Feb 11 #249723 by dukey
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I assume you are asking about the costs of the actual divorce?.

If so this tends to be settled at the Nisi hearing so you really need to attend, if you don`t costs will almost certainly be awarded against you, it is possible to ask for another date but the judge will need a very good reason for not attending usually something medical with support from a doctor.

I suppose you could try writing with an explanation how successful it would be who knows.

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04 Feb 11 #249725 by drummyb
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Yeah thats the one. I cant attend because Im not in the area, which has cropped up at short notice. TBHH I just want it over and done with.

Im due to send a without prejudice negotiation letter soon too. I had considered offering half the court costs to her in this (its going to have to be in installments!!!!!) and including that in the letter to court.
Wise thing to do or just write the letter and let fate decide?

Im clinging to the phrase "I cant pay what I dont have"!!!!!:S

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04 Feb 11 #249749 by dukey
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If you cannot attend its worth calling court and asking if it can be dealt with by telephone conference, long shot but worth a try.

What are they asking for, if its reasonable say less than £1,500 make an offer 50% is ok but 75% would be better, sounds harsh but it still saves 25%, you can aslo suggest the costs are deferred until you have agreement on finances which gives you some time.

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