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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.


Help with Pension and draft Final Hearing Order

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28 Apr 12 #326991 by fedup44
Topic started by fedup44
Hello Wiki''s

After 11 weeks i have finally received a draft final hearing Court order. Not brilliant but not to bad, but just need some more advice regarding part of the order?

I have been given 100% of the ex''s current pension in which he still pays into. Does anyone know that when i go to court for the "Handing Down Hearing" can i ask whether the ex would accept an offer as follows: To accept a £40,000 reduction from the equity of the house in return for him keeping his full pension? (This is an estimate of the value with a years contributions rather than the CETV from a year ago.) Or would I write to his solicitor with the proposal sooner rather than later?

My reason for the offer is i have the possiblity to buy him out if I had more of the equity?

Advice greatly received
Fedup
xxx

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29 Apr 12 #327119 by dukey
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If you are both in full agreement it is possible, but don`t wait for the judgment hearing or you will be wasting the courts time, at best you could get a right telling of, form the courts angle you both failed to make agreement and went all the way through the process to judgment.

As the hearing be vacated and send a Consent Order instead, but you must be in full agreement.

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29 Apr 12 #327140 by fedup44
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Thanks dukey

I dont think he would give me anything to my advantage. But do you think its worth putting it in writing to his solicitor?

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29 Apr 12 #327144 by dukey
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Its worth asking in writing but do it as soon as you can, but don''t be surprised if they don''t even answer.

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