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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.


Urgent Advice Needed - What to Declare

  • katster1980
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07 Jul 12 #341743 by katster1980
Topic started by katster1980
My partner is preparing for his First Appointment & is in the process of completing his form E.
He has been seperated from his ex for 2 & half yrs and is now living with me & our 8 weeks old little girl.
We are living in my sisters house on a temporary basis, I pay the rent, council tax and all utilites with my small SMP payment supplemented by my rapidly decreasing savings (the proceeds of a house sale 2 yrs ago).
He is in part time employment & gets a small income from a property he co-owns with his ex. She lives in the marital home (which is in his name soley) with their daughter & for which he pays the mortgage in full (and has done since the marriage ended.)
This mortgage payment is covered by the their investment property.
Our dilema is what to put as his expenses on the form E.
Does he declare any costs of our current property? Although the bills physically come from my bank accounts, I am worried it will look odd that he has a home but no outgoings showing on his bank statements.
Our biggest concern of all is that he currently has a sole mortgage & a joint mortgage, which he can cover at present but if he has to sign the marital home over to his ex & sell the investment property, we are left in a position where neither of us will qualify for a new mortgage & be left with no permanent home or means for providing one for our new family.
(I should add that he is currently self-repping as although he qualifies for legal-aid, we have not been able to find/appoint a solicitor in time for the First Appointment :-()
Any advice would be very gratefully received...thank you.

  • maisymoos
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07 Jul 12 #341756 by maisymoos
Reply from maisymoos
The form E allows for current and future expenses. It needs to be filled in honestly, if he currently is not paying household outgoings he should not state otherwise, if in the future he will be contributing to bills etc he can use the future column to outline expenses.

You are right it would look odd if he claims to have expenses that are not shown leaving his bank account. Full and frank disclosure is what its all about.

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07 Jul 12 #341757 by katster1980
Reply from katster1980
Thank you so much for the quick response! That makes perfect sense.
Since posting, I have been thinking about the best way forward & wanted to ask further advice:
Is it still possible for my partner & his ex to come to an agreement about the financial settlement even though a first appointment is imminent?
He is settled with me & she is settled with a new partner, there is no disputes over their child, we have her every other weekend & that suits everyone...its purely property & joint debt.
Could they get their heads together & work things out without the need for a court appearance?

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07 Jul 12 #341759 by katster1980
Reply from katster1980
Thank you so much for the quick response! That makes perfect sense.
Since posting, I have been thinking about the best way forward & wanted to ask further advice:
Is it still possible for my partner & his ex to come to an agreement about the financial settlement even though a first appointment is imminent?
He is settled with me & she is settled with a new partner, there is no disputes over their child, we have her every other weekend & that suits everyone...its purely property & joint debt.
Could they get their heads together & work things out without the need for a court appearance?

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07 Jul 12 #341760 by maisymoos
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You can agree to settle at any time during the court process, they would need to get a Consent Order drawn up with details and seek the judges stamp/seal. The judge will want to ensure it is fair and neither party are disadvantaged before he stamps it.

Saying this to agree a settlement both parties still need to understand each others financial position, so if First Hearing is imminent it may worth at least continuing with this stage, and then try to agree a settlement between First Appointment and FDR.

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