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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Ex's Solicitors stonewalling..where do I go now?

  • claimedbear
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24 Aug 07 #2385 by claimedbear
Topic started by claimedbear
Hi everyone. Just registered. Ex and I are both aged 58. Can anyone tell me how to overcome a 2-year lack of communication from ex's solicitors? We Married 11/78, we have two girls, born 11/84, and 12/86. She filed for divorce 10/98, I moved out 6/2000 and was refused access to the girls. Paid about £20k maintenance through CSA through earnings attachment order, am now not working. I found a new partner & moved to different part of UK in 12/2001, Decree Nisi granted 12/05 pending financial settlement. I've tried Law Society, no use. I phone/email my solicitor once/twice a week, but they have had little meaningful contact with my ex'solicitors based in Croydon.Has anyone any ideas? This is driving me nuts,
I can't remarry till final Certificate issued. Plus ex is living in house with our two daughters, house is valued at about £300k, o/s mortgage £55k.
Thanks 4 reading.

  • Fiona
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24 Aug 07 #2386 by Fiona
Reply from Fiona

  • Dockley
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24 Aug 07 #2387 by Dockley
Reply from Dockley
Hi Claimedbear,

Have you read the divorce guide on here? Or at least part of it for initial help?

Ancillary relief is the term for the financial side of the divorce and is normally resolved before the absolute is issued.

It can be applied for by either party and starts off with forms being lodged at court. You can do most of the paperwork/form filling side of it yourself or you could of course get your solicitor to do it.

I must advise though, that if you do go down this route via the courts, it could end up costing quite alot, although maybe you are on legal aid as you're not working?

Maybe that is why your solicitor is getting nowhere, as he/she is at the bottom end of the barrell in terms of law representation if he/she is indeed a legal aid practitioner :whistle:

This site can be a great help to give info to start the ball rolling as you do seem to have let things become unresolved for quite a lengthy period.

Good Luck

;)

  • LittleMrMike
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24 Aug 07 #2388 by LittleMrMike
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Welcome to the site.

There are two main reasons why your x2b might want to delay making a Decree Absolute. One is that there is a possibility of reconciliation ( hardly likely I would say ) and the other is to put pressure on you in connection with her application for ancillary relief.

You have a right to apply for the Decree Nisi to be made absolute three months after the earliest date on which she could have applied for the Decree Absolute. Notice of the application has to be served on her and if she objects the Court has to decide how to deal with it. That should bring the worms out of the woodwork, but - - - -

I would, however, sound a note of caution. You don't tell me what stage the ancillary relief application is at. Would your re-marriage have any prejudicial effect for you ? I think you need to check with your solicitor first before diving in.

Mike 100468

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