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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.


nightmare divorce

  • dpants
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09 Jul 12 #342120 by dpants
Topic started by dpants
hi all

little bit of advice please?

my OH is the respondent in a divorce, Petitioner didnt go for Absolute, he has now submitted this.

We think she will object due to finances not being agreed, but we are trying to do this via lawyers but she is totally dragging her heels, taking 4 -6 weeks to answer letters etc.

Does it make a difference if we told the court we plan to get married and start our IVF as soon as paperwork is signed, im totally stressed out about all of this.

Thanks D

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09 Jul 12 #342122 by cookie2
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I assume this divorce is using the English/Welsh court, not Scottish?

No, plans for marriage/IVF will not affect it. If she objects to the Decree Absolute due to the finances not being resolved, then the best way forward is to resolve the finances. If she is not co-operating on a voluntary basis then he should apply to court. This is the only way to set a definite timescale.

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09 Jul 12 #342130 by dpants
Reply from dpants
Hi,

We have been trying in scottish courts for 18 months now in english courts for 8 months, she said that she is co-operating but then doesnt or takes months to answer letters. She gets legal aid and we dont, so it is costing us alot of money.

He is trying his best to do things right but we are getting stopped at every turn!! I think its totally unfair that your whole life can be kept on hold because someone doesnt want to co-operate!

Thanks
D

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09 Jul 12 #342189 by cookie2
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Have you applied to the courts for ancillary relief? That is the next step when an ex is not negotiating.

  • Fiona
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09 Jul 12 #342197 by Fiona
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If you are thinking of marrying your partner needs to tell his solicitor and be careful not to fall into the remarriage trap.

Someone who remarries can''t make a new application for property adjustment orders or financial provision to settle the finances on divorce. That means as Respondent unless your partner makes an application before remarrying he could be stuck in limbo until his wife proceeds, if she ever does.

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