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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.


Final Hearing what to declare

  • getdivorce
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04 Oct 12 #359239 by getdivorce
Topic started by getdivorce
Hi,

I have Final hearing soon.

In terms of disclosure, how much and what I need to declare or disclose to the court and other party.

I am a self-employed and have own company which I started after 10 months of separation. I paid for joint mortgage even though my wife was also ordered to pay half but she didn''t pay.

We have joint loan between us and again she didn''t pay any money towards that.

Now after 2 years of separation, I managed to clear all joint outstanding finances. I have £15-20,000 in my company.

Do i need to share my company details?
Like, company accounts and other details.

Am I still liable to her? She was earning £2000 per month the since separation and just got unemployed because her visa has expired.

What can i expect in Final hearing?


Any suggestions and advice is really appreciated.

Thanks.

Regards,
getdivorce.

  • LittleMrMike
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04 Oct 12 #359248 by LittleMrMike
Reply from LittleMrMike
To be honest, I am surprised you are near to a final hearing if you have not filed form E.

Have you ?

LMM

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04 Oct 12 #359249 by getdivorce
Reply from getdivorce
We have exchanged FormE already an year back. That time I was unemployed for a while and after low pay job.

Now I opened my company few months back and I am being told that I need to take bank statements for past one year.

Do I need to take my company accounts?
As now I am able to earn descent money.

So how this will affect my FDR as this is not for maintenance rather just for official financial separation.
There is no assets only joint liabilities.

She is claiming that she signed document under duress.

She is doing all this to prolong her stay here and harassing me unnecessarily.

Please help

  • dukey
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04 Oct 12 #359258 by dukey
Reply from dukey
That form E is no good its way to old, you need to complete a new one.

  • getdivorce
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04 Oct 12 #359270 by getdivorce
Reply from getdivorce
But now tables are turned.

After 2 years. She is done with her job because her visa expired and now I have money.

She withdrew all her money as cash. Last 6 months she withdrew around £10,000 as cash with withdrawals of 100 to 2000.

Do I need to show my full company details and accounts in FormE?

Also now how I can fight this case, as I don''t owe her anything and she just delayed these proceedings to extend her visa.

Do I need to pay her money, if I have more money in banks accounts than her, compare to she don''t have money in her bank accounts but her boyfriend or parents have all the money deposited in their accounts in cash.

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04 Oct 12 #359272 by dukey
Reply from dukey
No one can answer those questions, we don`t even know how long you were married or if you have children, a host of information is needed before opinions can be given, this is why court need form E, the form needs to be up to date, what happened in the past is less important than assets and income at the time court are asked to help.

As self employed they probably will want accounts but for now just complete form E and wait and see what they ask for.

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04 Oct 12 #359279 by getdivorce
Reply from getdivorce
Marriage lasted : 2 years
Decree Absolute: September 2011
Living separately since: September 2010
Her earnings: £2,000 per month till today
Kids: 0
Asserts : 0
Joint liabilities: 6,000 (she won''t pay anything she was under duress)
Her claims:
Give all her earnings during marriage back. That money spent for matrimonial expenses. Mostly on her.
Give all the gifts given during marriage ( already given back)
Give money her parents spent for wedding (multiply by 20 times)

Matrimonial goods: car, tv, kitchen goods all sold by her and she retained all the earnings.

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