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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.

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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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Opposing a costs order

  • pooh03
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08 Jun 12 #335813 by pooh03
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:unsure:Hi
As respondent I have noticed in the papers about Decree Nisi hearing that a costs order will be made. I understand that to oppose this I need to send a statement to the court explaining that I will attend the hearing and on what grounds I wish to oppose the order, I also need t onotify my husband''s solicitor that I will be attending. Can anyone tell me if there is a format for what I should write or how I should write my statement and do I send the statement to my husband''s solicitor too, or just notify them that I will attend to oppose costs? It''s next week - I''m panicing as I am representing myself! The court is some 70 miles away - I requested a transfer to a local court (cost me £45 to apply!) and it has today been refused without any reason. My husband still resides, with me, in the marital home unfortunately, but has used a solicitor 70 miles away - why would a request to transfer be refused - am I paranoid, could he or his solicitor have influence in court?
Thanks

  • soulruler
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09 Jun 12 #335881 by soulruler
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The rule is that the case should be heard in the court closest to the defendent in any application.

It seems totally potty to me that a solicitor acting for your husband asks for a hearing in a court which is not convenient either to your husband or to you.

Ridiculous I think what you should do is phone the court who refuses your request and ask what grounds have beenn given for the refusal apart from anything else it prejudices the claimant - bonkers.

I would maybe suggest that you agree to pay half the costs which is right in the light of non fault divorce and collaborative law.

  • .Charles
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11 Jun 12 #336096 by .Charles
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A person is entitled to use whichever solicitor they see fit and they can issue in whichever court they wish to. Some people who put kudos over practicality issue their mundane divorce proceedings in the Principal Registry in London just because they can.

In reality, if you transfer proceedings, your husband''s solicitor will have to travel to your local court for the hearing and if a costs order is made you will have to pay the costs of travelling which will probably add £700 to the bill.

On what grounds do you intend to dispute the costs? Unfortunately as respondent in divorce proceedings, if you did not defend the Petitioner or issue a cross Petition, the court has accepted the petitioner''s reasons for a divorce and you are therefore at fault (I assume the Petition is based on unreasonable behaviour?)

If you intend to advance an argument that a costs order is ''unfair'' you may come unstuck. Even arguments based on affordability usually fail although it does rather depend upon which judge you have and what their feelings are on your case.

Charles

  • maisymoos
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11 Jun 12 #336097 by maisymoos
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Hi

I sympathise with your predictament, my ex submitted a divorce petition in a court 300+ miles away from where we both live. I applied for transfer but my ex backed down at last minute and agreed to transfer. My solicitor advised me she was 99.9% certain the case would be transfered if the hearing had gone ahead due to the fact that we both lived a few miles apart as do the children. This still resulted in an expense to me as a barrister had been booked to attend the hearing on my behalf:(

I am surprised yours was not transferred do you have children? perhaps the judge considers 70 miles reasonable????? Have you rung the court to ask why the transfer was refused?

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11 Jun 12 #336195 by pooh03
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Hi
Thanks for that - it is crazy isn''t it! I still haven''t had a letter of response from the court refusing the transfer, however I rang each day last week and on Friday they said it had been refused - I asked why and was told there had been a reason given - just refused. I had to serve notice today that I would attend the court so had no choice but to believe what I had been told on the phone.
:(

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11 Jun 12 #336196 by pooh03
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I agreed to the Petition, but not to the statement. I have put in my statement to the court that as his solicitors didn''t send me draft proceedings I was unable to negotiate the costs, also that I have tried to speak with my husband about the costs, he refuses and says to speak with his solicitor, I rang his solicitor, explained I was self representing and wished to discuss costs and they refused to speak to me too! The court say I should negotiate the matter of costs before the hearing, but as the other party refuses - I can''t!His solicitors are not signed up to the resolution agreement and have said that sending a draft is not what they do!! Lets hope the judge is a friendly one!

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11 Jun 12 #336198 by pooh03
Reply from pooh03
Thanks
Yes two children, one at secondary one at primary - I will have to take her to a friend at 7.30am to be able to get to the court with 15 mins to spare!
The court won''t give me a reason for the refusal to transfer.
What a nightmare!:(

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