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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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Being taken to court

  • Hiraeth
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07 Sep 17 #496119 by Hiraeth
Topic started by Hiraeth
Hi Fellow Forumites! I'm just about to receive my Decree Nisi. The divorce is based on over 2 years separation and no blame. My soon to be ex-wife went to a solicitor in February this year. After speaking to Wikivorce I initiated the divorce via their service to have some control and potentially reduce costs. In April her solicitor suggested a mediator 25 miles away from the city in which we both live. I wrote to him suggesting 2 alternatives as I didn't think it was necessary/appropriate for us to travel that far. Yesterday I received notification of being taken to court as my wife attended the mediation service and my not agreeing to that mediator is apparently seen by the court as a refusal to attend mediation. I have had a sleepless night and feel VERY agitated/frightened at the prospect of going to court. I have just signed up for 3 hours of legal advice from wikivorce for £195. My wife is on benefits, I was made redundant this year and work on a self employed basis now so there is no money, our only assets are our house (and my pensions) where I live with our 2 adult sons (over 18). I don't know whether to write to my wife's solicitor to say as I'd previously stated I was and still am happy to go to mediation. I'm fearful of costs and am still in disbelief that my suggestion of accessing mediation closer to home and not "dictated" by my wife's solicitor is treated as a "refusal". HELP! Anyone else had this experience?? Thanks

  • LittleMrMike
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07 Sep 17 #496122 by LittleMrMike
Reply from LittleMrMike
No, I haven't had the experience, but in your situation I'd send a letter to your ex's solicitor, keep a copy and make sure you send it recorded delivery, and stress that you are not unwilling to enter into mediation. I'd ask them to acknowledge receipt.

From what you say, though, there are two issues you will have to
resolve - the family home and your pensions. The latter is a subject
on which you may need specialist advice from someone qualified to give it.

LMM

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