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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?

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just me

  • jo.dot
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11 Sep 12 #355253 by jo.dot
Topic started by jo.dot
hi,
i''m new to wikivorce, I''m about to embark on representing myself in divorce court, (not eligible for legal aid) to say i''m scared is understatement, but needs must.
have 3 children and have been separated for two years and gave husband space while his father passed away, only to be thrown back at me!
if anyone has any advice they want to throw my way, then pleeeease feel free.
cheers jo

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11 Sep 12 #355270 by upbeat
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Hi jo.dot
Welcome I''m sure you will get alot of support on here :)Depending on the circumstances you will probably need his consent for the divorce.
I would advise that you get freindly with the court staff they cant give you legal advice but they direct you to which forms ect that you will need. It might be worth having a chat with a solicitor just to find out what you may or not be entitled to.
Best of Luck x

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11 Sep 12 #355274 by jo.dot
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I have been taking legal advice for a year, and my solicitor is advising as I go. I won''t get legal advice as I receive benefits. I work and apparently have too many benefits, yet always skint !
I have 3 children, one in Uni and two in high school. Husband is part of his family business, which I worked alongside (for free- as you do) for almost 20 yrs.
Whilst together we had our own home, nice car, static caravan and a nice life. Since he left 2 yrs ago, me and children have lost house, car and caravan, so I have started from scratch. I now get £60 a week total from ex and he sometimes contributes to Uni fees.
He is currently living in business premises with woman he had affair with, who is 5 mths pregnant. Its taken this long as I let the divorce simmer as his dad was dying only for him to hide money and business deals fom me. Family business is all in his mothers name, but business was always going to be passed to ex and myself.
Bit of a mess and a legal battle entails. Hence me joining wikivorce, all advice gratefully received x

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11 Sep 12 #355283 by upbeat
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know that feeling on the benefits side and legal aid what a joke!! You can self rep through it but may need futher advice on what orders ect to ask for and are reasonable. Guess your solicitor will have advised you on whether or not you can do the divorce on adultery and will your ex agree to that? or will he contest? for the financial side it is hard but with alot of reading up and stuff you can self rep. At the end of the day the Judge will make the final decision it just depends on how you argue your case :? like I said before there are alot of people on here who are alot more knowledgable than me and I''m sure they will be able to help you with that you may wish to start off by reading the Matromonial Causes Act and the Family procedure Rules which can both be found on the internet these tell you the legal side of what the Judge needs to look at :)
hope this helps xx

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14 Sep 12 #355889 by jo.dot
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Hi
My ex will never admit adultery, not even when I caught him on the second occasion!! He can''t understand the actual meaning of extra marital affair.
We eventually split amicably and agrees to sort finances and children sensibly.. Ill informed I let him divorce me, thinking I wouldn''t have to pay anything. His solicitor/friend drew up a few letters as to financial agreements, which I agreed to, as i wanted a quick and painless divorce. Just before signing I sought legal advice, needless to say I didnt sign any forms !
2 says before my Decree Nisi was due I found he''d sold land and bought property, all in the business name, but ultimately would have been partly mine/ours. I therefore saw the judge and stopped the divorce. He now can''t divorce me until we agree on finances. He says doesn''t ave anything as the business is his mums. I ran that business along his mum and himself for 15-20 yrs. and would have inherited it in a few yrs, until he decided he wants to part ex me for newer model ha ha

Anyway I have a fight on my hands and have nothing to lose. I''m very grateful for past self rep success or fail stories, any advice is very welcome. Thanks jo

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