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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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Form E - bank statements from when?

  • Fiona
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13 Dec 07 #8971 by Fiona
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If you have given money to to family members the onus is on you to provide evidence and convince the court it's legitimate.

  • NonMolest
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13 Dec 07 #8997 by NonMolest
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but if I can't convince the court that the money I sent was not a repayment and i sent the money for safekeeping, then what a judge can do? The fact is money is not here and it is been transferred abroad.

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13 Dec 07 #8999 by sexysadie
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At the very least a judge can give your ex something else to compensate, such as a bigger share of the family home or more of your pension. Also there are presumably legal implications resulting from lying on your form E, which is a sworn statement, so you would be guilty of perjury.

Sadie

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13 Dec 07 #9005 by topaz
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bank statements are required for the 12 months prior to form E completion, but with the time it takes to complete the E FORM and chase up the required documentation etc and then checking the draft copies etc it may be that a couple of months have passed so you may be required to provide more recent statements again just before the exchanging of E forms.this is what happened in my situation as the stmts were 2 months out.Also try and recall what any cash withdrawals were for, keep all receipts for cash sales, it helps.cheques are mostly self explanatory, cash withdrawn isn't.I had kept records/receipts of my cash purchases in case of any questions arising.When you exchange go through your partner's stmts very carefully,much comes to light this way which have not been otherwise declared.

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14 Dec 07 #9018 by attilladahun
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"but if I can't convince the court that the money I sent was not a repayment and i sent the money for safekeeping, then what a judge can do? The fact is money is not here and it is been transferred abroad."

It is a matter of evidence...If say £5000 gets paid to X and the Court as a finding of fact believes it is still your money then when the decides how much you should get then part of that sum will be the £5K

So if the Court says you should get £50K you get £45K

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