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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.


Ex-husband not responding - what do I do?

  • motherof2
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10 Aug 07 #1883 by motherof2
Topic started by motherof2
I have been trying to reach a financial settlement with my ex-husband for nearly 2 years but each time we make an agreement (including through mediation) he fails to sign the Consent Order and continues to reduce maintenance. I have 2 very young children (he left for another woman when I was pregnant with my second) and therefore have no significant earning potential until they're both in school in 2 years' time. I am still in the marital home and wish to stay here and offer him some capital now in order to get the house transferred into my name.

Through desperation I've finally applied to take matters to court as I need closure, despite the fact that he is still paying maintenance (although not enough). My First Appointment is next week, however he has not completed his form E or replied to any correspondence from my solicitor and he has also dismissed his solicitor. I have no idea if he is going to turn up at all or if I will be awarded my costs if it is a wasted appointment. He refuses to discuss it and seems to think it will all go away.

My question is, if he continues to take this attitude, what powers do the court have to force him to undertake disclosure and settle this matter and how long is the process likely to take?

Thanks for your help!

  • Fiona
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11 Aug 07 #1891 by Fiona
Reply from Fiona

  • motherof2
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11 Aug 07 #1899 by motherof2
Reply from motherof2
Hi Fiona,

Thanks for your advice - it's given me some comfort! Your question about taking over the mortgage is very pertinent - I am going to be getting a loan from my parents to allow me to do this, otherwise you are right, there is no way I could get a mortgage to cover it when I have no earned income.

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