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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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Need some smart advice - wily ex

  • netty35
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26 Dec 07 #9563 by netty35
Topic started by netty35
I have three children under the age of 9. We were married for 7 years and divorced nearly 2 years ago. I live in the marital home but only managed to get my ex to agree to 50 per cent. I did agree to moving out in march 2008 and to put the house in sale - I agreed to do that in duress because he was still living in the house whilst we were negotiating the terms of the divorce. He knew that I couldn't stand having him in the house, so he used his presence to get the best possible deal.

You ought to know that he is a vicious barrister. He came home one day after a session in court, with glee, saying that he had "ripped the witness' evidence to shreds".

I am afraid of him and have had to call out the police before.

In many ways I want to get rid of this house, but I will not be able to get a new house in the area as that 50 per cent will only get me a 2 bedroom flat.

He doesn't need the money. He just wants to kick me out of the house.

Help. I have no more money for a lawyer and I need some savvy advice. Please.

  • attilladahun
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27 Dec 07 #9565 by attilladahun
Reply from attilladahun
He may be a Barrister..but if he does crime and not family law he may not have a clue but no doubt he will seek advice from another in Chambers.

A 50% settlement seems lame unless H had a large pre marital contribution.

If you had a lawyer acting -duress is hardly relevant solr would OR SHOULD have advised what a fair settlement should have been....? negligent advice???


Is there a final ancillary relief order?

Value of FMH
Present mortgage?


If so on what terms......SM for you ....if not why not?

What is your income?
His income?

What were CETV's of parties pensions.

What are the tax credits a month you get?
Now his achilles heel may be the childrens maintenance.....

He has to pay 25% of his net income as CM less allowance for overnight stays.

Does the Ancillary Relief order deal with CM?
If so if he earns over £75K you CAN seek a top -up order from the County Court which in this case will no doubt be the difference in cost of a mortgage for the flat and a 3 bed accomodation suitable for the C.

Alternatively, if that is not possible you could take proceedings under Schedule 1 of the Children Act 1989 for a lump sum.
Now this is like a claim against a deceased's estate...what often happens is you seek the LS say £40K or whatever the difference in the cost of a 2 and 3 bedded property and he funds the LS but when the C leave Uni the sum reverts back to him...like a mini life interest.

The 1st route is better as his extra CM payments will enable you to buy a bigger ppty which may generate more equity and capital for you anyway.


Can't say what your position is without this info.

"I am afraid of him and have had to call out the police before"
If he is a Barrister he has to adhere to a strict (very strict) code of ethics

If his actions amount to a criminal offence why did not the police not act????
If his actions are threatening you could write a polite letter to his Head of Chambers asking for someone to have a quiet word with him...for if things get worse you will take such legal action as you may be advised which could be a formal complaint to the Bar Council.Link:

www.barcouncil.org.uk/memberservices/hel...advisoryservicebcas/

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