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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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Children of the family question

  • hadenoughnow
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12 Jul 12 #342747 by hadenoughnow
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Hi

The court order will not explain the reasoning. It will, however, be based on the provisions of Section 25 of the 1973 Matrimonial Causes Act - which is why I suggested it may be connected with the age of the child to be housed. The key thing here is need.

Are you suggesting she does not have the financial means to remain in the property? Or has she deliberately gone into arrears? If the property is about to be repossessed, this will have a bad effect on both your credit ratings and would make a nonsense of any argument that she "needs" to remain in the FMH.

If as I think you said in an earlier post, she had resigned herself to moving out/selling why one earth could you not just agree that between you rather than allow a judge to make an order that it seems neither of you like?

Are there any other assets that you have retained - such as pension?

Hadenoughnow

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12 Jul 12 #342764 by QPRanger
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She could probably pay the monthly payments but not the £3000 arrears. Unfortunately she would rather the property was repossessed: shes not bothered about credit ratings and I think has stashed the money away to save up for a deposit to rent a new property.

I have wanted to agree and compromise since we split up last year: however she has refused to speak to or meet up with me at all and every time I try to make direct contact she reports me to the Police for harrassment....

And yes I have retained a small work pension of about £10k but only because her taking a share of this would adversely effect her future state pension....

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12 Jul 12 #342769 by hadenoughnow
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Is 10k for the pension the CETV or the amount you would get every year when it is payment?

Getting a pension share would not affect her state pension entitlement. It may affect any entitlement to top up benefits (pension credits) but those are for people who have not got other provision.

If she has stashed money away, where is it? Did you not ask about it in court? Do you have evidence of non disclosure? Were the mortgage arrears disclosed in court? Did the judge have anything to say about how they should be handled?

TBH if you try to appeal it may well cost you £3k ... especially if you get landed with her costs. Is it not worth paying off the arrears instead to preserve your credit rating?

Hadenoughnow

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12 Jul 12 #342770 by QPRanger
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I think its the CETV.

There has been non-disclosure all the way through: form E not completed, no evidence of benefits, no bank statements until the day of the final hearing, no proof of income up till now (cash in hand with no written evidence of declaring this) or future income (new job with alleged decent future earnings but no letter from her employer), etc etc.

Despite this the judge made his decision. He was fully aware of the arrears but has not mentioned them on the court order apart from saying she should make the mortgage payments ''as they fall due''.

I have no money left to pay £3000 arrears but why would I want to do this anyhow because as it stands this will enable her to stay in our house indefinitely....I''m assuming my credit rating is in the gutter already due to the mortgage arrears as well.

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12 Jul 12 #342772 by hadenoughnow
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If there is little or no equity in the property and it is repossessed, it may well sell for less than it is worth - this will land you with a bill for the shortfall. This may be a risk you are prepared to take.

I am surprised you do not know what the 10k value refers to if you have completed a form E. How long have you had the pension? Did you not have to produce documentary evidence of it yourself?

It does sound to me a bit like the judge ran out of patience with this one. It is a simple case of her needing a cost effective roof over her head (+ child) vs you having a pension and frankly should never have got as far as final hearing.

Was she legally represented? If there is a clear omission or lack of clarity in the order - ie what happens with arrears - then you could go back and ask the judge for Directions on this so you are clear about where you stand.

Hadenoughnow

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12 Jul 12 #342777 by QPRanger
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I have only had a work pension for a few years so I got the provider to send my solicitor details of its value and was advised its not worth a lot. Yes I should know more about it I guess but it seemed that it was only a very small part of the big picture to me!

Totally agree it should never have reached the final hearing but when the stbx refuses all contact or mediation then I didn''t know what else I could do to facilitate a Clean Break apart from commence proceedings.

She was legally represented up to a few months ago when her Legal Aid was removed: one assumes due to non-disclosure once again.

And perhaps the judge did ''run out of patience'' but that is surely down to his failing rather than mine! I''ve tried to be fair and do everything by the book and its got me nowhere so far....

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