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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.


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Time Scale for Divorce?

  • Sera
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16 Oct 07 #4788 by Sera
Topic started by Sera
I've made hundreds of posts :blink:and I'm still nowhere near starting divorce! X2b can't apply until end Jan 08 (short term marriage).

Attempting mediation, but I think that's failed.

I was divorced before in 1999. It went to FH at Court, and took over 18 months. I think this new divorce will also run-and-run, (due to financial/business complications and ex not recognising my contributions)

Anyone with recent court dealings, please advise what time-scales you're working to? And where you're at with it all?

I can't see light-at-end-of-tunnel much before 2010 !!!

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19 Oct 07 #4934 by gone1
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Hi Sera. It takes ages in our time. Some people go on for year. I am the respondant becuase she is legal aided. She issued divorce pettion Janaury this year. I still dont have my nisi some 10 months on. Some of the delays have been due to her having a crap sol and legal aid cert problems. I was dragged thru the courts on a non mol and that was fairly quick. About a month. I have a first hearing date of 12th November for ancilory relief. Chris.

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19 Oct 07 #4938 by Vail
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Sera,

From petition for divorce to Decree Nisi took 6 months.

From Nisi to FA took 6 months

From FA to FDR took 4 months, oh goody it's speeding up...

I understand that for Final Hearings the time from FDR depends on how long the FH is assessed at; 1 day FH (ie minor dispue) 3-4 months, 2 day FH (ie rabid nutcase to deal with) 5-7 months, if it's 3 days then God help you!

Then again, as Chris says, this can go on for longer due to funding problems, crap sols, leaves on the line etc.


...... then again, it could be shorter with good sols and both parties getting so utterly fed up with the damned business that they end up agreeing something - which is what the courts want us to do all along.

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19 Oct 07 #4953 by soulmanuk
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i cant get mine sorted because i got turned down for legal aid, i cant afford a solicitor as i am paying all the debts and looking after the kids. she wont do anything as it will cost her a small fortune. its been 12 months now she wants a divorce but only if i pay for it, she wont pay for anything she just keeps delaying. i used some of my redundancy money to start the ball rolling but the sol wont do anything until i pay some money because they know i have no money and no legal aid. she wants the house repossessing so me and the kids are homeless. she is ok living with her new bloke with 2 fulltime wages and no mortgage/rent to pay. she is buying all the clothes she wants goes away at weekends since she left. she knows there is nothing i can do all she does is laugh and says goes through the solicitor

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19 Oct 07 #4964 by Sera
Reply from Sera
If you have nothing, you have little to lose! If you are in the house with the kids, it's likely you'd be left there, (unless you really can't do the mortgage!)

However, if she has a full time wage, and you are home with the kids, you could claim Spousal Support from her. (It works both ways!)

You could ask your local court how to apply for it; (there are free advice places also, CAB should advise)

If you post up some figures, Incomes, ages of kids, length of marriage, pensions, debts, savings? mortgage, equity in house etc, there'll be a really nice legal poster along no doubt to advise further.

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