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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Ex ignoring me after mediation

  • Mehbear89
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11 Jul 21 #517246 by Mehbear89
Topic started by Mehbear89
Hi, I'm sorry if this is in the wrong subforum, please feel free to move it if it's not in the right place.

I split from my ex husband 2 years ago and agreed to do mediation, everything was agreed and he signed the MoM.

Now when I try to contact him about sending all the necessary documents to my solicitor he ignores me.

He is always happy to discuss stuff to do with the children but will just totally ignore me when it comes to sending the necessary documents to my solicitor.

Is there any recourse to this before court proceedings?

If it were to go to court and the agreement the judge comes to is broadly similar to the one agreed upon in mediation, would I have an argument that he should incur all costs involved?

Thanks in advance.

  • happy2021
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15 Jul 21 - 15 Jul 21 #517277 by happy2021
Reply from happy2021
I saw a blog about exes ignoring on another divorce forum- you can also post in their forum too. The judge might get annoyed with him for messing around I guess. If he signed then he should be going along with that surely? Have you spoken to the mediation company you used? What did they suggest? I would think that yes, he would incur costs! and so he should.
Last edit: 15 Jul 21 by rubytuesday. Reason: Moderator's note - details of alternative forum removed, see T&Cs 6.1(c)

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15 Jul 21 #517278 by Mehbear89
Reply from Mehbear89
Thanks for the reply I shall try there too :)

Regards.

  • hadenoughnow
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15 Jul 21 #517286 by hadenoughnow
Reply from hadenoughnow
Agreement reached at mediation is not the same as a legally binding order. It would be relevant though - unless the financial circumstances have changed dramatically or the agreement was manifestly unfair.
If you apply to the courts you could certainly point to it and suggest it should carry weight.
Costs are very rarely awarded in financial cases but there is no harm in asking for them. I would write a letter before court warning that you will be applying for costs.
If you are paying a solicitor it isn't worth wasting too much time and money on this. I would instruct your solicitor to take a robust approach. NB you will need mediation sign off if you intend to make a Form A application to the courts.

Hadenoughnow

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