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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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court costs......help needed

  • jan12
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28 Aug 07 #2559 by jan12
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I've been separated from husband for 5 years and he has ignored every attempt by me through solicitor and phone calls to agree to divorce proceedings. Now i can have one without his consent but there is still the matter of the property/assets to resolve.
I left him and he told me then that I would never get anything from the property - we were married for 24 years and I worked full time for all of that time except for when I had our two sons.
There is over 150k equity in the property and I want half of it. This has increased during the 5 years but by not agreeing to resolve the property matters he has kept me out of the housing market (Ive had to rent and have built up debts).
The solicitor has told me that because he refuses to answer correspondence or calls from me then it will become a court order and they will decide the split and enforce it - but he says it will cost a fortune and I am not entitled to legal aid. Does anyone have any idea how much this would all cost or if there is any other agency that would pay the costs as a loan until the settlement is made.
I'm really worried about it all - any ideas of what to do next would be appreciated.
thanks

  • markp
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29 Aug 07 #2569 by markp
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when i asked my sol how much it will cost for a divorce he said it could be anywhere between £2000 and £15000 depending on how much my ex argues. He is also willing to take payments in installments, you could ask your sol if you could pay out of your settlement.

  • OBEs 1 canoodly
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29 Aug 07 #2578 by OBEs 1 canoodly
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.............And thats just for starters Mark!! You forgot to mention that it could be between £2,000 and £15,000 for the other side too so comfortably Julie with the way your husband is being so stubborn (as I am experiencing with my ex-wife) you could be looking at a combined end figure of anywhere between £15,000 and £30,000+ and ultimately this will come out of the hard earned marital home!

Very sad state of affairs this divorce business but if you can try to do this through mediation at all would be a much cheaper way to go. It's quite amazing too how these mediators can get the most stubborn of people to actually talk and compromise. Julie if you can get your ex to realise just how much this could cost you both not just in financial terms but emotions too maybe he will start to see sense. He only has to come on here and read the postings...........maybe that would help him see the wood for the trees. Its worth a try!

I have not been so lucky.

Good luck

OBE

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29 Aug 07 #2606 by jan12
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Thanks Mark and Old Blue for your replies.

He has been asked by my solicitor to go to mediation many times over the years and has ignored the letter - I also rang him and asked him to either come to an agreement with me or to try mediation as the costs would spiral and we would basically be lining solicitors pockets with our equity. Besides all the abuse he threw at me, his answer to that was "I would rather they have the money than you". There is an endownment policy which matures this week for 12k and he has refused to sign to agree that the insurance company can send it as a split cheque to each of us because he says that he would rather leave it with them than let me have access to my half. (this is the kind of stubborn eejit I'm dealing with)

I think I will go cap in hand to the solicitor and ask for their payments to come out of the settlement, it seems to be the only way forward.
Wish me luck!

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29 Aug 07 #2610 by OBEs 1 canoodly
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oh bless you! He is definitely harbouring some anger in there somewhere eh?

I don't suppose by any chance he is related to my ex-wife??? I only thought there was one of her!!:woohoo:

My thoughts and luck go with you but don't get to wrapped up in letter sending between solicitors try to keep that bit under control if you can. My file is a mile high and still no resolution just a big bill toppling it off the solicitors desk!!! What makes me laugh is that they are accepting my ex2be is spiralling her legal bill out of control because she will ultimately be able to pay for it out of the FMH. I asked if I have to transfer the property to her in total can I too set my legal bill against the home and I have been told NO!!! Strange that I keep being told NO its becoming a part of my daily life that word. I can't wait for this to be over and hopefully get used to hearing the word yes again!!!

Good luck

OBE

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29 Aug 07 #2611 by OBEs 1 canoodly
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oh bless you! He is definitely harbouring some anger in there somewhere eh?

I don't suppose by any chance he is related to my ex-wife??? I only thought there was one of her!!:woohoo:

My thoughts and luck go with you but don't get to wrapped up in letter sending between solicitors try to keep that bit under control if you can. My file is a mile high and still no resolution just a big bill toppling it off the solicitors desk!!! What makes me laugh is that they are accepting my ex2be is spiralling her legal bill out of control because she will ultimately be able to pay for it out of the FMH. I asked if I have to transfer the property to her in total can I too set my legal bill against the home and I have been told NO!!! Strange that I keep being told NO its becoming a part of my daily life that word. I can't wait for this to be over and hopefully get used to hearing the word yes again!!!

Good luck

OBE

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30 Aug 07 #2623 by divwiki
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Julie raises an interesting point on mediation and court costs.

Does anyone know if Maintenance prior to settlement would still be awarded if the applicant had turned down mediation? (She wants everything on her own terms.)

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