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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.

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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.

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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FM1 Confusion

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06 Sep 12 #354289 by pants2011
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I filed for divorce and we have been in discussion in relation to monies owed to me. STBX refuses to pay me any more money off debts owed, I''ve got evidence of it. I''ve asked through solicitors to go for mediation but he has declined stating he won''t go as he doesn''t owe me money (he''s forgot the evidence)

Today I''ve got home to find a Form A served. He has ticked YES to have you attended a mediation information/assessment meeting as suggested in the pre-action protocol and/or attached Form FM1.

I''m worried about costs etc and was wondering should I write to the judge referring them to pre-protocol and ask if he can adjourn hearing and request mediation first to save on court costs?

Any advice would be great. Thanks

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06 Sep 12 #354292 by dukey
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I think you''ll find your ex has indeed completed a MIAM and the process will move forward, what is done is done and you need to prepare for the court process.

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06 Sep 12 #354293 by pants2011
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Thanks for getting back to me, i thought from reading that the mediator would have contacted me? As I though the FM1 had to be completed by them. How can mediation be avoided? I''m all set with my form E just getting other bits together.

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06 Sep 12 #354295 by dukey
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All you need is for a mediator to provide the FM1, this can happen with your knowing for a number of reasons, whatever has happened is now mute, it has and court have started the process.

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06 Sep 12 #354296 by pants2011
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Hi, do you mean NOT knowing? - ok thank you I''m just looking on line now for sols to possible act for me in this matter. Thanks again

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06 Sep 12 #354300 by dukey
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Indeed yes not knowing, I only have a tablet right now, it may be worth calling the wiki line and asking for a referral to a solicitor with experience of these matters, but don''t panic, this is the beginning of what is often a long road.

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