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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 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.


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  • itsbeenalongtime
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07 May 15 #460973 by itsbeenalongtime
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Thanks for help. My stbx wanted a divorce made it impossible to live together but didnt have any grounds. Would`nt mediate and has controlled the family finances to the nth degree.I eventually petitioned, just got draft which i have been as polite as poss so not to humiliate him. my solicitor has applied for him to pay costs but if im unluckily to get it is there any point? will it cost more in the long run? i have agreed to him sorting Consent Order thro wiki to keep costs down but was advised to go thro sol initially. At a loss as im trying to be fair which is more than i can say about his behavior.Tired and struggling now.

  • .Charles
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07 May 15 #460977 by .Charles
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HRabbit wrote:

Chipping in here Charles.

I am in a situation where I think I may have to go to court, but my wife''s case is helped by having the savings pot taken as low as possible. In this way she may be able to get the house awarded to her for a relatively small sum. My intention was to self rep to keep funds intact, but if she can equally go to court knowing she can take the £20K from joint funds (currently in my sole name) then it will help her both decide to go to Court and to deplete the funds to help her case at the same time. Not sure this is making sense to anyone!

In short, I read your email as saying this is what could happen and she could use the joint funds?

Thanks


The savings form part of the matrimonial pot and will go in your schedule of assets to be considered within the overall settlement.

Keeping hold of the funds is fine as long as you don''t spend them unnecessarily. Equally though, it is open to your wife to apply for a Legal Services Order to access the savings if required.

The most pragmatic way of dealing with the issue is to offer your wife half of the funds to pay towards her legal fees.

In reality, it doesn''t make a lot of difference. If your wife''s solicitor is prepared to fund the proceedings to the sum of £10k, she either pays for it now with half the savings or gets half of the savings at the end but also has a £10k bill to pay.

Charles

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