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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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Only married for 6 months

  • attilladahun
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16 Jan 08 #10879 by attilladahun
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'Calderbank Letters" are old hat now

Court prefers "open offers"

One could make an open offer that is timebombed ie offer a lump sum of £x but only on condition it is accepted by Y date

After that it will reduce to Z and will NOT be repeated.

If you suspect she wants her day in Court the level of offer is crucial and I would offer her a sensible offer first and my bottom line offer as the default.

If she refuses to settle at the FDR and DJ indicates your default offer resonable then Court could order her to pay costs after FDR even under the new rules so Josh's tactics are valid

  • Josh2008
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16 Jan 08 #10889 by Josh2008
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I am not suggesting you offer anything more than you think reasonably fair taking everything into account.

Sorry but did not realise you were so close to a hearing.

Best to make the open offer as suggested and if she wants to take it further keep reducing offers but in sensible progressive downward amounts.

Surely she knows if she loses and is quite likely to, taking into account all the circumstances, she will end up paying back all these unnecessary court costs.

  • Notsealg
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17 Jan 08 #10990 by Notsealg
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I have just got back from the court where I had my form E sworn.

Then went to the solicitors to drop it off and had a chat there and then without an appointment

Bad news is she has rejected the offer - as you say she wants her day in court. But also when you read her form E she states she spent the whole of her capital on the houe, holidays and wedding. taking into account the judge will probably rule seeing as she was at the wedding and went on the holidays they cant be counted (plus I contributed just as much as she did) that only leaves the £5k she put into the house - which i admit she did.

I just dont think she has told her solicitor the whole story!

But then again, she hasnt seen my Form E which she will get over the next couple of days. My solicitor has also filed questions to stbx asking where all the money has gone and asking to see all statements showing where the money has gone.

The court hearing next week will be so judge can prescribe a timescale for settling. We are going to request the final hearing for next month based on I am paying her rent and cant afford this if she drags her heels for the next 12 months.

I like the idea of reducing the money though :-)

Based on the questions my solicitor has posed I dont see how she can prove anything - not that i have anything to hide - she is just going to have to admit that she frittered the money away.

Plus she has incurred another £12k debt since moving out. This woman just cant control her spending !!!!

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24 Jan 08 #11774 by Notsealg
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Just got back from court - which I was dreading.

From her form E we generated 24 questions (and her solicitor complained to the judge about our aggresive manner of questions in the form) - whereas against my Form E they have generated only 8 questions - all of which we already had the answers to

Bottom line is we have to go back to court on the 5th March to finalise

But the telling point was they are no loner looking for a settlement but "compensation"

IS this better or worse ???

  • Josh2008
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24 Jan 08 #11777 by Josh2008
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Not come across that before in Divorce 'ancillary relief' proceedings

Try putting the question on the solicitors’ forum category

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