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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.


FINANCIAL AND COURT

  • PETAL
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20 May 07 #318 by PETAL
Topic started by PETAL
:evil:
My divorce started Feb 2006 im on my secound solicitor. May ex has decided to go through the courts even though our property is for sale 169,950 and 70,000 left on mortgage and -100,000 debts. Only a small amount left in the pot to share and no one beeing able to get a new home at the end of the process.

Hes also left and refuses to pay 1 penny and the mortgage company wont contact him as he has not told them he moved out. Anyone else finding a joint mortgage means 1 party can leave the property leaving all the mess for the female to clean up.

My last solicitor bill was £2200 and all the others have been £600-£1000 a month running out of funds.

Has anyone else managed to get maintainence without kids. I cant pay for a court case as well as everything else.

Not spoken to ex 15 month now all through solicitors only. Then he did emty house of all valuable and assets.

I am now a client of the cccs.

How can I get any help cheaply.

  • Liago
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20 May 07 #320 by Liago
Reply from Liago
Do you earn over the Legal Aid Threshold? Thats the only way I can think of getting help cheaply, unless you represent yourself. I earn £17k and do not qualify. Also as far as mortgage repayments are concerned,my X has not paid a penny towards it since he left...Apparently the only thing I can do is go into arrears or take a payment holiday, as we are jointly liable for the debt I will be hiking up the interest and therefore cutting my nost off to spite my face. Sorry I cant be more helpful :unsure:

  • Louise11
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21 May 07 #327 by Louise11
Reply from Louise11
Hi
One question arises from your post.
......What stage are you in the process?

Have you filed at court a Form A? (the beginning of the process)

If you have then you can ask the court for anything (not saying you will get all you ask for)

But.... You can then ask the court in the form of an order to.... say order your ex to pay for his half towards the mortgage ect. It will cost you £40 to put an order in at court... You could also ask the court to order him to pay you temporary maintenance until further notice. To help with the debts ect.

After you put the order in court the court will reply with a date for a hearing, you then go in court in front of the judge and state your case, he/she then decides what happens. The court will also inform him to be at the hearing, so he can put his case forward. But if he wont attend he can make an order ex parte.

But your solicitor should be doing all this for you! After all they work for you, make them earn their money! The trouble with using solicitors is.... although it only costs £40 to put an order in at court, they will charge you so many hours for work leading upto the hearing and also time spent at court, so the order starts at £40 and ends up costing you hundreds extra. If you can represent yourself then so much the better. After all, your only asking a Judge to order your ex to help pay towards joint debts

The only ther place you can go for help is CAB

Good luck and dont let them grind you down.
Kind regards
debzz .

  • PETAL
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02 Jun 07 #533 by PETAL
Reply from PETAL
Thanks.
Im 15 months down the line.
FDH is on the 29th June not looking forward to it he knows I suffer from depression and likes to make me out as mad!

Im hoping the judge takes his lack of payment and my increase in debt into account plus he emptied the house of assets and sold them have proof of this.

Do lies on form E go anywhere? Said he has no pension and lied about assets and value and got his mate to value his goods.

Plus his afidavit is full of lies and every form he submitted was late and he petitioned ancillary relief. Think it was revenge as I petitioned divorce unreasonable behavior

  • vanessa
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02 Jun 07 #537 by vanessa
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I feel for you Petal, I'm in the same postion, married 4 months and left paying 2 mortgages and in debt from this. Same problem with being late etc etc etc actually you sound like you are me! I think that the debts will be considered but not sure how the court will make them pay. my FDR is 26 june and i'm self reping. i have just asked for money from him and sol says no and that they'll fight the interim payment request. i'm going to apply on monday and if nothing else it'll give his solicitor something to do.

  • PETAL
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03 Jun 07 #541 by PETAL
Reply from PETAL
Let me know how the 26th goes 3 days before mine. How can he say no to money for int period shure the judge will see different im going to my solicitor on the 4th illask about maint I think after 15 month of mess and my creditors are taking me to court as i cant pay and the house isnt selling he is increasing my debt by going to court anyway - was happy to settlt out of court:ohmy:

  • wendb69
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04 Jun 07 #572 by wendb69
Reply from wendb69
HI,

Totally feel for you too.

My divorce is costing a fortune. Ex insists on dragging anything and everything through courts, even the children. I have Residency now and to date in about 8 months, solicitors bills have been £20,000. - just about what I will take home for the year in salary!!!

Why do men do this?

Hope you get it sorted. Keep us posted.

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