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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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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.


Joint Savings

  • jbrand
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25 Jul 12 #345385 by jbrand
Topic started by jbrand
Hi

My ex has taken all the money from our joint savings accounts. What can I do to get my share of this back? Any suggestions would be appreciated.

Many thanks,

JBrand

  • rubytuesday
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25 Jul 12 #345387 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

How much was taken, and were all the savings built up during the marriage?

Do you have bank statements to prove the balance before it was emptied?

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25 Jul 12 #345394 by jbrand
Reply from jbrand
Hi

The savings were from my pension plan. A lump sum payment of £41000. Yes I have statements showing the transactions. I believe her solicitor advised her to move it. Surely she should only be entitled to half at most.

Thanks,

JBrand

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25 Jul 12 #345396 by rubytuesday
Reply from rubytuesday
That''s quite a considerable sum.

If she won''t return the money, and/or it can''t be recovered in cash terms, it''s possible for your share (which is around half, depending on how much was accrued during the marriage, anything prior is yours in full) will be taken into consideration when dividing the rest of the assets, and deducted from her share of those remaining assets.

I''m puzzled that a solicitor would advise her to remove the entire sum, considering it is a marital asset.

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25 Jul 12 #345399 by jbrand
Reply from jbrand
Hi,

Yes I was surprised also. I have made several attempts to request it be returned but have been unsuccessful to date. I am currently unemployed (was made redundant twice) and have very little income. If I leave it to be resolved by the courts I think I will have to pay legal fees up front
which I do not have.

Thanks,

JBrand

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25 Jul 12 #345401 by rubytuesday
Reply from rubytuesday
A strongly worded letter from a solicitor to the other side should get things started in terms of recovering your share of the money ;)

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25 Jul 12 #345403 by jbrand
Reply from jbrand
Hi,

Yes I have sent 2 strongly worded letters from my solicitor. In the first reply they said they were protecting the money. Is there nothing I can do to get my share back?

Thanks,

JBrand

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