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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.


Open offers

  • poppyv
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11 Sep 12 #355194 by poppyv
Topic started by poppyv
Hi all
My ex made an open offer for settlement, which I accepted and had the Consent Order prepared, however he didn''t like the wording.
We tried to get the wording to his liking but didnt get replies. Months later he came back and asked for £18,000 more.
Query is having made an open offer which was accepted is it enforcible.
We have a final hearing listed for next month. FDR was not useful as our representation of the financial facts were poles apart.
Any advice greatly appreciated

  • Elphie
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11 Sep 12 #355206 by Elphie
Reply from Elphie
It isn''t enforceable, otherwise writing it up as a Consent Order and having it signed off would be pointless.
However, if it was an open offer, I believe it can be shown to the judge in your hearing, and it might influence his decision.

  • dukey
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11 Sep 12 #355208 by dukey
Reply from dukey
This is a long shot but talk to your solicitor about issuing a Notice to Show Cause why an order should not be made in the agreed terms,

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11 Sep 12 #355242 by poppyv
Reply from poppyv
I re mortgaged the house to pay him the sum we agreed, only a week later he changed his mind, then a couple of months later he came back asking for £18000 more because he believed (wrongly) that I would now have paid the mortgage off, so he would be entitled to more.
We have been split a little under 5years during which time he has remarried and had another child. Would this info potentially assist me with the action you suggest.
Thanks

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11 Sep 12 #355260 by dukey
Reply from dukey
Not really but it is something to chat with your solicitor about, what is important is that you both knew what you were agreeing too and both had legal advice, this is to prevent people making agreements then backing out without just cause.

  • .Charles
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12 Sep 12 #355394 by .Charles
Reply from .Charles
If an offer was made and subsequently accepted this can be classed as a concluded agreement. If the terms of the agreement are fair i.e. within the range of orders that the court would make, it is possible to obtain an order based on the agreement.

Did the husband have legal advice upon the agreement when he accepted it?

Charles

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12 Sep 12 #355412 by soulruler
Reply from soulruler
Just a question but isn''t the fact that husband has subsequently re-married an important issue together that there was an original agreement which both parties came to relevent?

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