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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Hi there

  • nuelck
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15 Apr 12 #323823 by nuelck
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Hello out there, I found this site yesterday and I am just finding my way around.

I am in the process of taking my husband (whom I have been separated from for 7 years) to court not only for a divorce but to split assets.

What makes me really angry is I am really struggling to pay solicitors fees and court costs to fight for what is legally mine while he is sitting pretty with all the profits from assets... It''s not like I can go to the police station and say.... ''Hey this man is stealing what is mine!''....

I can''t get legal aid because I own properties which HE keeps the rental income from.... What am I supposed to do?... go take a brick from the wall and pay with that!....

I feel I am damned if I do and I am damned if I don''t.... where is the justice?

Okay..... feel a little better now I''ve told someone.... :)

Debs. x

  • flowerofscotland
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15 Apr 12 #323825 by flowerofscotland
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Hi nuelck,

Thank you for posting on Wiki. Hello and welcome, you have come to the right place and you will find some strength and comfort from many who have walked this path before you.

I can only say that I too am in the middle of a huge and costly legal battle over assets. My STBX thought they were his and his alone, he never in a million years thought I would find the strength to fight back for an equal share of what is rightly mine. He does not like it.

Like you, I too can not afford this, but I have no option as he would be only too happy to leave the children and I without a penny.

All I can say is that there are others here who will guide you through the legalities as they are far more qualified than I, but I can say you will find the strength, even if you do not know it, to somehow get through this.

Wishing you well and take care for now FoS x

  • nuelck
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15 Apr 12 #323833 by nuelck
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Thank you FoS. I have applied to the civil courts to see if I can sue for costs... not sure if I will but it has to be worth a try. Do you know though... out of everything the one thing I can''t get my head round is... How could he do this to us?...
Glad I found this site.
thanks again... Debs. x

  • hadenoughnow
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15 Apr 12 #323925 by hadenoughnow
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In financial settlement cases on divorce, each party pays their own costs. This is only departed from in very rare situations - for example where there has been substantial litigation misconduct. This would include persistent failure to disclose finances, hiding assets and generally messing about to increase the other party''s costs.

If you have a solicitor, then they should have made this clear to you.

If you are without funds and the other party is loaded, it is possible to apply for maintenance pending suit - and sometimes this can include an order to pay for legal representation.

Hadenoughnow

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16 Apr 12 #324121 by nuelck
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Hi there hadenoughnow,

thank you for that. It''s proving that he earns more than he states is the problem. He has not disclosed all his business'' on his E1 form and he has not disclosed all his bank accounts either... I can prove this but I can''t prove that he earns far more than he claims....

He''s hoping that I am going to fall before the final fence because I simply do not have the money to see it through...

I will speak to my solicitor and see if this may be one of those ''rare situations''

Thanks again.... Deb.

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