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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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Divorce costs - what should I do?

  • tricia079
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26 Jan 08 #12019 by tricia079
Topic started by tricia079
Hi

My xtb of over 30 years left June 2007 and lives with a 30 year old and her son (not his). He has filed for divorce because I didn't agree to the financial split he wanted (he says I can't touch the business or properties purchased by him and his business partner, or his cars etc - I helped set the business up and until 2 years ago did the accounts, wages etc)

His grounds were UB and all fiction. I would have shed tears but nil else if he hadn't put all the costs against me. Responded through sol agreeing divorce but providing evidence for false grounds stating that as false I did not agree to costs.

Got letter from his sol offering to charge me half costs (£600). As lots of offers made in past and then withdrawn I didn't respond. Too much else going on with family which he ignores. I think he is trying to drive me insane!

Now got letter from court that my document amounts to a detailed Answer to the allegation and the Petition will have to be heard, NOT dealt with by Special Procedure.

I agreed to the divorce but not the costs being put against me so should I

1. Ask for permission to withdraw my answers to the allegations to enable the application to proceed.
2. Attend court to represent my interests at the hearing in respect of the petition.
3. Try to engage in further negotiations with xtb sol to resolve: a) the issue of the answers to the allegations and b) the cost to include for example that I will only agree to pay costs limited to say £200 in respect of the court fees.

What should I do? Could someone with more experience advise me please?
Thanks:silly:

  • gone1
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28 Jan 08 #12131 by gone1
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Hiya. For a start I would engage a solicitor. If you dont know the answers then you need help. Sorry to be blunt. You are entitled to half of everything. Including the business (only your husbands half) and you wont have to pay his costs. I think he is trying to bully you by doing this to you. Not trying to big up solicitors but they are experts at this sort of thing and I think your case is sufficiently complicated that to do it on your own may mean that you will lose out in the long run. Go and see one (you can get half hour free in some cases) and put your case. Chris.

  • tricia079
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29 Jan 08 #12300 by tricia079
Reply from tricia079
Thanks Chris.
I have got a solicitor and those are the options she gave me. I now need to decide which to take.

Decision, decision, decisions!!!!

  • LittleMrMike
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30 Jan 08 #12311 by LittleMrMike
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Hmmmm - quite a lot of people confuse the costs of the petition, the actual dissolution of the marriage, which are quite modest in comparison to the normal costs of jumping the broomstick !

The real problem is the costs of ancillary relief ( the financial stuff ) which can be quite expensive. But on the other hand, you have to consider this. You have a very long marriage here and your x2b is making statements which are complete b *******. If you can get, say, £100K out of the divorce ( I am just plucking a figure out of the air ) then it's worth spending £20K to get it. Better than spending nothing and being left with sweet f.a.

However, as you have a solicitor, I assume she will explain all this anyway.

Good luck

Mike 100468

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