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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Unfair final hearing outcome. What can I do?

  • kings road
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07 Jul 12 #341823 by kings road
Topic started by kings road
I am reluctant to post this but am struggling to come to terms with outcome of my final hearing in Ancillary Relief. After a long process drawn out by non disclosure by stbx the judgment awarded me less than half the known assets. In reaching the decision he also reduced the value of of a sum of money declared by ex at the very last minute during the second day of court proceedings on the basis that some of that had probably been spent by ex supporting his new partner and so not fair to include in total. In addition ignored non disclosure of other money transferred abroad. In the end I have been given less than half of a pot which the judge has undervalued by ignoring non disclosure. My medical report which covered severe mobility problems was also ignored when establishing my future earning potential which therefore also reduced my claim for spousal maintenance. I am at my wits end after struggling with ill health, non disclosure at every stage, refusal by ex to support childrens education and the a judgment which is heavily weighted in favour of ex despite judge criticizing his non disclosure then ignoring that in the judgment. I now have days to agree to the order to finalize finances and am at my wits end trying to understand the outcome. It was a long marriage 28 years and ex earns 4 x times my salary. I am about to be redundant again and with health d difficulties and age ( late 50s) against me see little prospect of a job with the salary the judgment assess me capable of achieving. Is an appeal possible? What about costs due to exs non disclosure? My legal team seem to think I should just walk away but I can''t see any fairness when exs non disclosure cheating and lying seems to have been rewarded? Any
advice? Am I being unreasonable? This a Clean Break and once signed I have no way of going back and need to sell family home to get my share of assets and move to smaller house. I can''t believe it.

  • QPRanger
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09 Jul 12 #342090 by QPRanger
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Hi, I know exactly how you feel as I am still trying to come to terms with what the judge decided at my ''final'' hearing. My ex showed contempt for the WHOLE of the legal process, non disclosure and lying throughout the whole thing. Judge didn''t seem to take any of this into account though. I feel totally let down by my solicitors, the barrister that the solicitor recommended (at an exhorbitant cost of course)but mostly by the judge himself.
For my own sanity I am appealing, but will be representing myself from now on....the fact my ex had her legal aid taken off her and therefore represented herself on the day seems to have gone massively in her favour.
Stick with it.

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09 Jul 12 #342098 by Reddit
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QPRanger,
What was your settlement and why do you think it was unfair?

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09 Jul 12 #342108 by QPRanger
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Ex to have house signed over to her by me, but I have to remain on the joint mortgage indefinitely (as she has no provable income and mortgage co will not agree to her on her own) as long as she agrees to pay every month.
My parent''s second charge on the property ( a substantial loan given to us to enable us to have enough deposit to buy the FMH) to remain indefinitely despite me not living there.
Lots of other things of lesser importance.
My parents are retired and don''t deserve to be dragged into this mess: I''m livid.

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