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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.


Can the court order a bank to find records?

  • billyadams
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20 Jul 12 #344293 by billyadams
Topic started by billyadams
I''m in the middle of a protracted court case in the UK involving child maintenance. My ex and I agreed when we split up that I''d pay amount A while she still owned the house and amount B when she sold it (which was only 60% of amount A). Amount A is on the Consent Order.

Now, years later, she is denying that we agreed I''d pay amount B and has told the court all she remembers is me asking to reduce it but it was never agreed.

I don''t have the same account, or my bank records, from 10 years ago and she has a joint bank account with her partner now. Is there any way to get the bank to reveal the details of the payments to prove to the court that my ex is lying about this (and hopefully persuade them she is not being truthful in many other areas as well)?

  • maisymoos
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20 Jul 12 #344295 by maisymoos
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Have you contacted the bank where you did have the account and asked them about historic statements?

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20 Jul 12 #344296 by Reddit
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They generally keep records for 6 years.

But how is getting old bank statements going to help you show there was an agreement?

Why are you having a protracted court case? The CSA takes precedence over CM issues. If you are paying more than CSA rate then you need not. If you are paying less than CSA, you should pay more. Either way you''d avoid paying legal fees.

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20 Jul 12 #344310 by billyadams
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I live abroad so cannot use the CSA. The amount the CSA would ask (not even including any deductions they might make for travel) is at least 60% lower than the figure my ex is trying to get from the court.

The reason I thought bank statements would help is it exposes my ex as having lied in her statement to the court. She says she vaguely remembers me asking about reducing the amount, the bank records will show I paid the reduced amount for 12 months. I hope that if the court sees she lied about this then maybe they will also think she might not be trustworthy in the other issues which are increasingly seeming to be ''he said/she said'' type things.

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