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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.


Property & Loan - STBX ignoring....

  • Kittykatt
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16 Aug 12 #349909 by Kittykatt
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That''s really helpful LMM thank you. It isn''t even that we cant agree on a settlement it is that he doesn''t even want to discuss it as he says ''he cant cope'' and is basically trying to avoid facing it.

I really didn''t want to go to court for two reasons one being costs and two I was hoping it wouldn''t reach that stage but I don''t think I am going to have a choice if I want to get this sorted.

I know I could process the divorce before finances (we have no pensions involved) but I understand that it is safer not too.

I am hoping that my sol will hear from him in reply to the letter (he has until this time next week) but if not then I am going to have start the wheels in motion for court.

The finances we have to sort out are the same as what court will cost us so it makes no sense at all but I have no other idea or options I believe in how to sort it out.

Thank you again :)

  • upbeat
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17 Aug 12 #350127 by upbeat
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Hi kittykatt,

I have been/am in the exact same situation, me and my x had an agreement in principal so i submitted a divorce petetion and wrote a financial agreement to take to a solicitor to write up a Consent Order, but when i asked for financial information he refused and told me that he would not comply and would not send anything back to the court. He never did so the Nisi was pronouced by the judge even though nothing had been sent back. As with you the amount of money involved does not justify the costs of a solis so issed a form A he didn''t respond file or serve form E had FA he didn''t attend so judge gave an order for him the file and serve form E again He hasn''t there was a penal notice attached and the next hearing is next week if he doesn''t turn up the judge has directed that it be classed as a final and order made in his absence, but different people have different opions on this as to whether he will be arrested and a handing down order or just make the order. Guess we will find out soon enough. But hopefully your ex will complete it then you can come to a agreement and take it to the FA.

Good Luck xx

  • amefbi
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17 Aug 12 #350190 by amefbi
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Upbeat this is exactly my husbands behaviour and what I plan on doing to get this done and dusted. Just waiting for my Acknowlegdement and then Im off to court. I will be Selfrepping. I did write an email to his sols today. His dragging his feet and his sols can only advice him on what she knows from him and that is so far from the facts or truth.
I never send the email then, just pressed delete :)

  • leanng
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17 Aug 12 #350201 by leanng
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Upbeat

Did you serve your form E to your ex? mine will not respond to when him or his solicitor will be ready to exchange/

  • Kittykatt
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18 Aug 12 #350422 by Kittykatt
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Thanks very much guys, this is really helpful :)I will find out this week if he is gonna reply.....

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27 Aug 12 #352189 by upbeat
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Yes learning I did everything that the court asked filed and served form E Statement of issues and chronology all but the questionaire as had no form E to write one about but i informed the judge that I had not recieved his form E so the correspondance would reflect this :)Also informed the judge when he didnt comply to the order, but still did a sort of posistion statement and skeleton argument hope this helps.

  • Shoegirl
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27 Aug 12 #352216 by Shoegirl
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Hi Kittykat

I don''t know your circumstances but my,Stbx was the same. Buried his head in the sand and did not want to think about the divorce.

He could not cope, failed to fill out forms and the whole thing was a bit of a nightmare. I didn''t go down the court route. I decided to just give him some space and let the pressure build of its own accord to resolve things.

18 months on, I have a Decree Nisi and a signed Consent Order. Just waiting for the court to process it now.

Waiting and slowing it all down seemed to work. I guess it depends whether your financial circumstances allow for that and whether waiting will prejudice your case in some way.

Mine still can''t cope with it all really. Still got his head in the sand. I owe him ££s for the house and he seems completely not bothered leaving the legal process and forms to chug along at a snails pace, taking months to return a simple form, even now.

It''s really strange but I''ve given up trying to understand it. I would not have changed slowing the process down though. It seemed the right thing to do.

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