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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


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  • fedup70
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20 May 12 #331905 by fedup70
Topic started by fedup70
recieved copy of the above, stbx has put on form that he does not agree to pay divorce costs, next question related to this on form was ... why? he just put in capital letters CANNOT AFFORD IT. will this reply be sufficient enough for the judge or will he have to go into detail of his income and outgoings, he does not get legal aid, neither do i. there are no finances to sort as we have been separated for 3 years and all that was sorted out within 2 months of him leaving.

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21 May 12 #331939 by cookie2
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A costs claim can be quite hard to defend against. No, "cannot afford it" is usually not a good defence.

However even if you win, a costs order simply creates a debt. If he genuinely is unable to pay this debt then how are you going to enforce it? You could take him back to court for enforcement but if he can''t afford it then he can''t be made to pay - you can''t get blood from a stone.

The best solution is to come to a compromise, say pay half each or come to some agreement regarding costs. Fighting about costs especially when it''s a low figure (compared to the big picture), is seldom worth it.

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21 May 12 #332007 by fedup70
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thankyou, will try for half of costs, but dont hold out much hope x

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