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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.


To defend on not defend???

  • pinkminx
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30 Mar 12 #320927 by pinkminx
Topic started by pinkminx
My husband is about to file divorce papers to me under unreasonable behaviour - I don''t agree with his claims since he makes no acknowledgement that part of the breakdown was due to him having a relationship with another woman. I can either accept and sign the papers to move on quickly, or I can defend which may be costly. I can also cross-petition and divorce him but either way I loose out financially :(

Anyone have any thoughts on this as I''m going out of my mind worrying about it!!

  • dukey
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30 Mar 12 #320931 by dukey
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I suppose number one is don''t defend,it''s pointless and can be very expensive, as in thousands.

You have the right to ask the Petition be amended changed if you like to something more palatable.

Frankly who divorces who and for what reason is pretty much irrelevant, all a judge needs to know is then marriage has broken down.

If you do agree the petition make sure any costs are agreed from the outset, costs can be claimed for UB, though they are limited to actual divorce costs, still it''s best to agree from the get go.

Cross petitioning is not as simple as it sounds, in the end a judge must decide,again it can raise costs.

What''s best to remember is that if the marriage is over it''s best to finalise it as quickly and cheaply as possible, it''s time money and stress.

  • pinkminx
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30 Mar 12 #320936 by pinkminx
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Thanks for your advice - have actually read quite a bit giving the same advice. It''s shit really because he makes no acknowledgement of having caused the breakdown himself. I''m more worried that he thinks he can get a financial order for money he says I owe him because he paid all the bills and rent etc

  • WYSPECIAL
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30 Mar 12 #320938 by WYSPECIAL
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Who paid for what is equally unimportant. You didvide up whats left. You can''t suddenly ask for half the gas bill for the last 5 years

  • Hereshopin
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30 Mar 12 #320939 by Hereshopin
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Hi Pinkminx. The best way to look at the divorce petition is that it''s a means to an end and nobody likes to be on the receiving end of a UB Petition. However, if your stbx acknowledged fault for his indiscretions then the divorce petition may fail. He can''t say that you are unreasonable and then say well maybe he was a bit aswell. Everybody knows its never one person''s fault. As for the finances they are dealt with separately so don''t worry about that in terms of the divorce petition. Best wishes.

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