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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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Am I in contempt of court?

  • LinzW
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30 Apr 12 #327417 by LinzW
Topic started by LinzW
Hi,

I recently attended my First App, at which myself and ex informed the judge we had reached an agreement. As we are both self repping the judge adjourned the appointment and stated he wanted to see us in 28 days with a Consent Order.

I subsequently decided that what we had agreed was unfair and asked for further negociations with my ex. He claims I am now in contempt of court and has filed a letter to court asking for all this further costs to be paid me on the basis of my time wasting.

I have now agreed to our original settlement with the addition of a share of his previously undisclosed pension. But he has now decided he does not want the original agreement!

Please can anyone advise me if I have done something wrong by changing my mind on the original agreement? The judge did not ask for details of the agreement and simply asked if we were both happy with the statement of issues/questions etc. I got the impession I was able to negotiate further. I was very nervous in court and I dont think I have done myself any favours in self repping :(

Thanks

  • .Charles
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30 Apr 12 #327494 by .Charles
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When you said you were in agreement were you lying? It sounds as though you were not in which case you are not in contempt.

There are difficulties that can occur when you resole (back out) of an agreement as the court can insist that you honour the terms of the agreement but if your husband doesn''t want the agreement either you can both agree to different terms.

As far as claiming costs of time wasting - your husband is unlikely to succeed in such a claim. This isn''t America and/or television! Your husband would have to identify a loss that he has suffered and as he has not engaged a solicitor he can only claim a litigant in person rate which is currently £18.50 per hour. I wonder if he has change from a tenner?

Charles

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30 Apr 12 #327503 by LinzW
Reply from LinzW
Thank you Charles. I am at a loss for why he is insistant on making this as difficult as possible. We were in agreement yes, and I probably should not have tried to change the agreement but I thought it was a change he would be happy with! He is intent on paying me as little money as possible in return for all of our marital assets and have me (who earns 5 times less income than he) pay his costs! You have put my mind at rest somewhat, thanks again.

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