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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.

Financial Matters

  • amefbi
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12 Sep 12 #355425 by amefbi
Topic started by amefbi
Received stbx offer today from his Solicitor.
(without predudice). She can only advice him on what he tells her, and thats far from reality.

The offer is: he will transfer all interest to me on MH. (I do want to keep the MH)

2.Each retain assets in sole names in SA and I retain the property in SA and he his pension. (My property (about £40,000)is inheritance to my sister and I from my late mother and not part of our marital pots, have legal docs.

He received his pension without my knowledge in 2007, bank huge lump sums in friends account, and his retirement p.a. to date as well. I have the docs on this..total of about £120,000 and the mortgage on MH is £106,000..his Solicitor is not aware of this.

3. He will pay mortgage, council tax, elec/gas and me £50 week for 6mths, ending Feb 2013.

His UB reasons states Im a kept woman, lazy to work and after his finances. His Solicitor was not informed that Im disabled since 2006 and cant work. (worked for 35 yrs of our 40yrs marriage)

My current income is DLA £298, his about £3800 - £4800 (overtime).He 61, Im 58.

My question is: Do I inform his Solictor that this offer is not acceptable and give my reasons as to why?..or just not acceptable.

File Form A to court immediately as I want to claim MPS and then in court give all these issues about our finances..or does his Solicitor have to know beforehand.

mediation did not work and I know with Solicitors its not gonna work as his attitude is he keeps his pension and I keep the house. I know he will not comply of give accurate info. I need the courts to decide on this, what is fair and reasonable.

  • soulruler
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12 Sep 12 #355430 by soulruler
Reply from soulruler
Offers are supposed to be open not without prejudice in family proceedings (apart from FDR).

This is especially relevent when one party is being dishonest so I believe you can disclose this to court.

My case went to appeal (which follows CPR not FPR) and my ex and his legals failed to make a without prejudice offer to protect his position (as I was making the appeal my offers still had to be open offers).

At the time I was represented by a legal firm who put what I insisted by letter be an open offer to settle during the course of the appeal and they did not do that but marked my offer as without prejudice.

What happened next was that my ex husbands solicitors then disclosed the without prejudice offer to court - (I hadn''t actually been given a copy of the without prejudice offer which my solicitors had sent to his).

The judge asked me my view on it and I said I was happy for the offer to be disclosed as I wanted it to be an open offer anyway (that is the proceedure when you make an appeal).

So the judge allowed the without prejudice - in fact the other side had abused privilege as had my solicitors (whom I had dispensed with by then).

I think you need to make as much honest disclosure as you can right now on Form A which the other party will get to see anyway.

I think this is covered, yet again, under section 37 of the Matrimonal Causes Act.

without prejudice offers are without merit at the beginning of proceedings in divorce.

They are relevent at the FDR as offers to settle at FDR are without prejudice and cannot be disclosed at a final hearing if it gets that far.

  • amefbi
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12 Sep 12 #355437 by amefbi
Reply from amefbi
Thx Soulruler.

In the letter his Sols ask me to respond in writing to confirm whether or not such is agreed.

Do I just respond its not acceptable and not agreed..just that..or give my reasons.This will just go on for months between us with letters back and forth.

Dont respond at all to his Sols and just file Form A...and wait for the procedures to follow then...This is what I will prefer to do but dont know if this is correct.

  • soulruler
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12 Sep 12 #355469 by soulruler
Reply from soulruler
Your reasons can be stated by filing the form A which you can send to his solicitors at the same time as you file them at court.

You can download and fill in a form which is a type of Acknowledgement of Service (not sure of the wording but on it you confirm when you have sent your documents to the other party and you file this when you send your form A to court - it is on court notice applications which is on the net).

The other way round is to send by recorded delivery, get a receipt for recorded (you can track that to make sure it is received) and send a photocopy of the recorded delivery slip with your form A to court to show you have done your best to make sure the other party is aware of your actions.

Take your time with the Form A and put in a supporting sheet if necessary to state your concerns what you believe to be true about the husbands finance and include the without prejudice offer which you have recieved right at the start of proceedings.

that is what I would be doing right now, having been through so many hoops and loops in 4 years of financial remedy post divorce with not a scap of evidence by my ex to support his outrageous claims, his false allegations or anything else.

You have an offer (I believe very prejudiced just starting with the words without prejudice). So at the moment your claims about his finances are only allegations - you do not have to state them as such only do your best to be open and honest in the true manner of getting a proper resolution in all of this.

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