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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.


Halting divorce proceedings

  • csh
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11 Jul 12 #342612 by csh
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After a short marriage, I''m into the third year of a seemingly interminable divorce in what palpably looks like immigration fraud (my spouse, who had specifically sought a UK partner, having left immediately on getting her UK citizenship).

My estranged spouse has dragged proceedings out by making extravagant and provably false claims (the counter-evidence all well documented by myself and known to my solicitor).

I am now broke, unable to afford to continue this endless charade. So my question is this: What would be the consequences of simply announcing that I will proceed no further with the divorce?

Thanks

  • sexysadie
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11 Jul 12 #342617 by sexysadie
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You will be tied to her forever and she could potentially come back in the future and claim money from you. Get it over with now.

Best wishes,
Sadie

  • cookie2
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11 Jul 12 #342629 by cookie2
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There is no reason for a divorce to take anywhere near 3 years, even when your ex is being a complete pain. How far has your divorce got? What has she been doing to delay it?

  • csh
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12 Jul 12 #342642 by csh
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Thanks both to Sadie and to Cookie2 for your replies.

Sadie, my estranged spouse is already claiming £50,000 from me. She is claiming that she gave me this amount of money when we married--the actual fact of the matter, however, is that she came to the marriage almost penniless.

Cookie2, the delays have in part been due to her failing to respond to letters in a timely manner, and in part from telling extraordinary lies, many of which she has had to retract over time. Others we have not pressed her on because, with respect to the divorce, they are immaterial and inconsequential. These have led the proceedings down what seems an interminable (and, for me, very costly) garden path. She, so far as I am aware, is still in receipt of public funds, and hence presumably untroubled by the ever mounting costs.

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12 Jul 12 #342702 by cookie2
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It doesn''t make sense to play this game with her. Have you got Decree Nisi? Have you applied to court for ancillary relief?

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12 Jul 12 #342729 by csh
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Cookie2, I''m frankly at the end of my tether with this costly and seemingly irresolvable ''game''. Via her solicitor she keeps coming back with new questions and new allegations, only to have them knocked down each time by straight facts. Undeterred, she persists in throwing more at me which, via my own solicitor, I''ve by default felt obliged to answer.

Yes, the Decree Nisi was issued on 2nd September 2011. form E and questionnaires were exchanged at the end of 2011.

And, no, I have not applied to court for Ancillary Relief.

My solicitor made an offer of a ''Clean Break'' a couple of months ago, in light of the relatively short duration of the marriage (4.5 years) and of no major financial change in the period of the marriage. She then came back with a demand for £50,000 and a cock-and-bull story of her having donated that sum to me in order that I might "live beyond my means". The entire Sisyphian process seems to me as insane as it it endless.

  • hadenoughnow
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12 Jul 12 #342737 by hadenoughnow
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Apply to the courts. Then she will be in the court timetable and answerable to them not you and your solicitor. If she mucks about she could end up with a costs order and/or a prison sentence.

If she is going to make claims about giving you money, then she will have to provide documentary proof. At present all this is doing is racking up costs and getting you nowhere fast.The courts are only interested in hard financial facts not unfounded allegations.

If you have a Decree Nisi, then you can apply for the Absolute without the finances being settled. It is not usually advised but in your case it sounds like it would be a good idea!

Hadenoughnow

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