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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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Ex has stopped paying SM

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10 May 12 #329819 by NoWhereToTurnl
Topic started by NoWhereToTurnl
Well what a turn up for the books!

I changed solicitors to the ones wicki know and trust, they sent email, had read receipt, fax and registered letter to ex''s solicitor over three weeks ago and today got a phone call from ex''s sol asking not to continue with case and they are preparing a solution within the next few weeks!

I have already completed form E and everything else, ex''s sol says her client does not want me to go through further distress and there fore no need for his form E......
He got his sol to send me a bully boy letter and filed for variation of periodical maintenance, in the letter I was asked to sign to dismiss it.

He told lies in the form E for our divorce & has much more now!

As for distress, I am sure he was thinking about me when I had a cardio respiratory arrest, put on a ventilator and when the police found him he was wearing his OW''s frilly dressing gown, even then he denied an affair!

Oh dear, they bought a house together 7 months before the FH but he sill denied cohabitation!

At long last let the truth be known!!!

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10 May 12 #329820 by cookie2
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Do you have a Consent Order signed and sealed by the court?

If so then he is bound to obey its terms. If he fails to then you should write to him, saying that if he does not comply with the order (including any arrears of payments) then you will be applying to court for enforcement, and that you will seek a costs order for doing so.

If you don''t have a Consent Order then you need to get one. If he is not prepared to negotiate the terms of this then you should apply to court.

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10 May 12 #329826 by NoWhereToTurnl
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I have a Consent Order, he got his sol to send me a letter early March saying he had no intention of paying anything more, for life order etc, he then applied for variation.
He lied through DV and is high earner + dad recently died, now changed mind re court!

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10 May 12 #329829 by cookie2
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Well then I would write the letter I suggested above. He needs to pay you maintenance every month until a court varies it. You should say that unless he recommences maintenance and pays the arrears, you will be applying to court for enforcement, and seeking a costs order for doing so.

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10 May 12 #329835 by NoWhereToTurnl
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I have done that x 3 with sol that did divorce, cost me £890, moved sol, he applied to court for variation to dismiss but now wants to give me 10K to go away and not wanting court. He lives with ow from affair, I am 60, married 35 yrs +

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10 May 12 #329837 by cookie2
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Well, if you''re happy with £10k capitalization then accept that. If not then don''t waste your time with any more solicitors letters. Just apply to court for enforcement of the order and your costs. Sending this kind of threat 3 times is pointless. You need to put your money where your mouth is, otherwise your words are meaningless.

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10 May 12 #329845 by NoWhereToTurnl
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He does not want to go to court because he has more than he let on about, without SM I will have to put down my animals and my home will be re possessed! I am medically retired but significantly contributed to everything we had. Thank you for your comments.

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