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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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Contesting a decree nisi

  • allinayear
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09 May 12 #329386 by allinayear
Topic started by allinayear
My soon to be ex has served the Certificate of entitlement to a decree upon me, via his solicitor/county court... My problem being he is claiming for costs. It was previously agreed that should he not claim for costs, then I would not counter Petition for divorce (due to a non-molestation order I had against him). I am self-repping now due to costs (I also have the two children)and he has tried slipping this through,thinking I would not notice. How do I contest with the court?? He is claiming adultery (unproven with an unnamed person) I have proof of physical assault and threat with a weapon but only have until friday to contest.

I would let his application go through IF he didn''t claim costs but am more than happy to file a counter claim.

Can I get any help/advice from any of you lovely lot??

  • dukey
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09 May 12 #329390 by dukey
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When you signed the form court sent about the divorce (D10) did you say you did not accept costs?, do you have anything on paper from him to say he would not seek costs if you agreed the divorce?.

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09 May 12 #329392 by allinayear
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Hi, my form to the court said in section 6 "Even if you do not intend to defend the case do you object to paying the costs of the proceedings?" - my response was "Yes, the respondent has agreed not to pursue the claim" - does this help??

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09 May 12 #329393 by dukey
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It does but do you have anything from your ex that says he would not peruse costs, if not you may end up paying some or all of the costs, unless you cannot afford to pay of course.

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09 May 12 #329395 by allinayear
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I don''t have anything - I know it means nothing but he is well aware that I have nothing to pay the costs with, as I am self repping due to lack of funds. Unless he is planning of putting a charge on the property once it is sold? If that is possible?

My head is messed! :/

  • hadenoughnow
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09 May 12 #329399 by hadenoughnow
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I am confused. You say he is divorcing you on grounds of adultery. He can only do that if you have admitted it. Have you? Or is it not true ? If you have not admitted it, the divorce won''t go through.

Bear in mind that the costs he is claiming are only for the divorce. Each party bears their own costs for financial settlement.

Hadenoughnow

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09 May 12 #329404 by allinayear
Reply from allinayear
Sorry, yes I agreed to adultery providing no costs were claimed for. If he claimed costs I would counter Petition, that was agreed.

Apologies if I am not being very clear - as a lay person I am finding this quite bewildering but trying to push on through.

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