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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.


court outcomes

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08 Mar 08 #16130 by zozo
Topic started by zozo
Hi Elizabeth

Thanks for the information you wrot with all the details. I did benefit from what you are saying although I am not the one who ask the quastions. my situation is that now me and x starting negotiation by letters through sol.and it is obvious that we are going to court because the differance is very big. He is a very big manipulator and interested only about his own self. Anyway,I want to ask you as you have been through all this before if you have any advices from you to some body who is just starting the rough root of financial satlment.One point is not realy clear in my mind about who pay the court cost is it the aplicant or the one who does not accepte a fair offer which the judge accepted.

All your advice are very apreciated
zozo

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08 Mar 08 #16131 by Elizabeth
Reply from Elizabeth
Hello ZoZo,

With regard to court costs - this phrase is a little mis-leading in that if you take it literally - there are no court costs! The costs people speak of are Barrister's fees if it gets to court - and prior to getting to court stage - solicitors fees.

If you mean what used to be termed a "Calderbank offer/letter" - this is no longer the case. This used to mean that if one party made a perfectly reasonable offer to the other party and they refused it - then it ended up in court and the judge made an order of a similar amount the party who refused the offer could be made to pay the others costs - however this is no longer the case now (since early 2007).

Focus on the Matrimonial Causes Act 1973 - this will give you a good idea of how to pitch your proposals which should be headed "Without Prejudice".

How far out are your ex's proposals? Is he asking to keep everything? The court's usually start at 50/50 and work back - are there children involved?

Children will be a very high priority with housing needs.

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