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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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Just want what i am entitled to with no fuss

  • Annew
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02 Jan 08 #9846 by Annew
Topic started by Annew
I separated in 2004 but we lived together till March 2007, we sold our house and split the proceeds fairly, then i used my half to buy my mobile home and he attempted to buy a property but his heart wasn't in it, he lives with our foster daughter as his partner, all our own children have grown up and have children of their own, we had a car, which he sold to a friend for £1000 it's value was £10,000, i knew nothing until he had a new car, when i asked him he said that it he had to get a loan out to pay the balance and i can help him pay that if he likes, we a cabin cruiser, which is worth £40,000, he claims he needs to stay on it sometimes and when i asked about selling it he joked that his friend had a offered a £1 for it, and then said that i know that he would not do that to me, then he says how much it costs him to moor and how he has refurbished it and all these are excuses to stop me getting what i am entitled to. I do not have a adress for him and just do not know where to go from here as it is really streesing me out, i have had to give my job up cos i could not cope as things have gone wrong one after the other, just need some guidance please - anne

  • attilladahun
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03 Jan 08 #9861 by attilladahun
Reply from attilladahun
Anne you need legal advice -he may dispose of these assets and spend the money and then you are sunk-

Now your health has suffered from all this -put a stop to it and get legal advice- if you are divorcing H you need to apply to the court for financial settlement before any more delay -an injunction may be appropriate to prevent such disposal

I suspect he needs a sharp dose of reality and he needs to give you the respect you deserve.

If he has sold the car at an undervalue to a friend for £1 the Court can make an inunction order under s 37 Matrimonal Causes Act 1973 for an avoidance of disposition order...ie setting aside the transaction= but you need to act swiftly =

If the Court thinks he has done this maliciously and in an attempt to defeat your potential financial claim he most likely will be ordered to pay the costs of and incidental to your application for an injunction -that will get his attention.

I do not have a address for him -[Is he not working? serve proceedings there!!]

If no address known the Court can give directions as to substituted service eg service by advert in local paper or on a close relative eg parents if it will likely come to his attention.

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