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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.


Don''t know what best to do now?

  • perin123
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07 Apr 12 #322146 by perin123
Topic started by perin123
Got a letter today from ex''s sol. I refused his settlement offer and she wants to know what I am proposing. Trouble is I don''t know which way to turn now.

Sol says on my financial disclosure I have savings which I could use, there wasn''t much and that was over 7 months ago so there''s hardly anything left! Only asset is house, which is worth approx £133,000, outstanding mortgage £105,000. Ex wants £10,000. He pays £0 for our son.

If there is a mesher order put on house, when son turns 18 (5 years time) I will be 54, so there''s no way I will get a decent mortgage?? How do mesher''s work? Is there a fixed 50/50 split of equity?

Ex has retained £7,500 of our savings (I retained £5,100) can the amount he has had be taken into account?

I think my only course of action now is to get a solicitor.

  • survive
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07 Apr 12 #322161 by survive
Reply from survive
((Perin)) I don''t know how to advice you as I am not knowledable enough. But I''m sure other Wiki''s on here may be able to help.

You could reply and say your wish is to remain in the FMH. Or let them apply for court and see what happens, you would then have to prepare a case.

Good Luck

Survive
x

  • Emma8485
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07 Apr 12 #322166 by Emma8485
Reply from Emma8485
Perin I am also not able to help much but wanted to send some support and a hug if nothing else.

Em x

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07 Apr 12 #322198 by sillywoman
Reply from sillywoman
Inform his solicitors that you are offering nothing. Zilch. There is hardly any equity in the house and your lad''s dad is not paying any maintenance, so you have nothing to feel guilty of.

Either that or simply don''t reply to the letter. I think I wouldn''t reply to be honest, let your ex rack up costs, you have nothing to lose if he takes you to court and in all honesty I doubt that will happen.

Some men!

  • perin123
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07 Apr 12 #322213 by perin123
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Thanks for your replies. I was thinking of replying and saying lets take this to court and let them sort it out.
Ex is on legal help I am self repping at mo, but could poss be entitled to legal help if I have to go to a solicitor. If we did go to court what would costs be?
If I self rep I have only myself to pay (!!) who pays court costs, is it whoever loses? Surely he wont want to go to court for hardly any money????

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07 Apr 12 #322230 by sillywoman
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Legal help is basically only a loan and has to be paid back,so fighting over such a tiddly bit of equity will cost your ex the amount he is trying to claim if it goes to court, thats why I think it wont go that far and he is just "trying it on via solicitors".

I got a letter from my exs solicitors threatening to take me to court re harasssment, I was in a place where his g/f was and when I saw she was there I decided not to go in, so drove out of the car park. Wise I would have thought?

Anyway I begged his solicitor to take me to court,haha, and of course they didn''t!

Solicitors letters are simply letters which cost the person asking the solicitor to write them.

Let him take you to court - but he wont!

  • Shoegirl
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07 Apr 12 #322250 by Shoegirl
Reply from Shoegirl
Agree with SW entirely. Either say your proposal is to remain in FMH retaining equity and whilst he''s talking about money can he pay some child maintenance. Ok I''m being a bit flippant but either don''t respond or say you want him to sign over the equity to you.

Can''t see him taking you to court for a small amount of money. Its certainly not worth you racking up legal bills over this amount.

Some one far more experienced will come along and offer the right form of words for the response I''m sure. That''s if you want to bother responding of course

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