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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Finances

  • nearly free
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19 Nov 07 #7027 by nearly free
Topic started by nearly free
Hi, just wondered if anyone can help?
I am divorcing my husband due to quite severe domestic violence.
The Decree Nisi was issued last week but we have yet to sort out finances.
Situation is this, we jointly own a house here and one abroad, total equity is about £182,000 - but there are debts of about £50k.

At the moment the total mortgage, loan, debt repayments = £2220 per month.
I have two children for which he has just started paying £400 a month via csa.

I am struggling to pay everything and he wont pay a penny - will this go against him when a final split is made? i am currently in the fh with children.:blink:

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19 Nov 07 #7032 by Vail
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Nearly Free,

It will count against him, but probably not as much as you would like.

You can apply to the court for ancillary relief for yourself called spousal maintenance.

Money can be backdated to the date of the nisi.

Apply for legal aid. I'm unsure of the cut off point but your share of the property will be counted towards your assets in whcih case you could use it as collateral for the legal aid. It might not sound good but if you're in a real fix now then you need to take action now.

Good luck!

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19 Nov 07 #7040 by Fiona
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If you are struggling to make ends meet there is the possibility of applying for 'maintenance pending suit' whilst the finances are being settled. This can add to costs and sometimes it is just as quick to press ahead with the final settlement.

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19 Nov 07 #7045 by Vail
Reply from Vail
Fiona, you are as usual right. it is called 'maintenance pending suit' and it comes under the 'ancillary relief' heading.

I would think that if someone is really stuck then applying for maintenance pending suit is better than waiting for a series of FDRs.

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