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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.


WP Save as to Cost

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16 Sep 21 #517722 by Neves7728
Topic started by Neves7728
Hi

Im trying to work out what exactly save as to cost would mean to my case so any help appreciated. quick summary

Ex wants 30k
House equity is 22k and my pension is 15K
No other assets
Ex does not work and is on PIP

The ex has refused to negotiate what so ever and is dragging things out and my costs are growing. Ex has nothing to loose and is prepared to go to court and loose any settlement money just to spite me. i am not claiming anything from ex and i am taking on the house and 3 children.

My question is if i go for a cost order does it mean that because ex has offered 30k WP Save as to costs will i end up paying ex's costs if the judge sides with my offer? Thanks

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16 Sep 21 #517723 by .Charles
Reply from .Charles
It depends. Are you/were you married?

If any application it to be made in the family court, without prejudice save as to costs will have no effect. If you were cohabitees, the finances will be dealt with in the civil court and there can be costs sanctions.

Charles

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16 Sep 21 #517724 by Neves7728
Reply from Neves7728
Hi

Married for 13 years, now have Decree Absolute. She will get her court costs paid and yet its going to cost me in excess of 10k. struggling to see how this is fair

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16 Sep 21 #517725 by .Charles
Reply from .Charles
In family proceedings the only offers that count are open offers. Even then a party can only meaningfully respond to an offer once disclosure has taken place.

The starting point for family proceedings is that each party bears their own costs. Typically this would mean that if a party was in receipt of legal aid, they would have to repay their solicitors costs from any settlement they received through the operation of the 'Statutory Charge'.

Charles

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17 Sep 21 #517727 by Neves7728
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Thank you, your advice is much appreciated

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