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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.


Proposal for Settlement ???

  • Athene
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04 Oct 07 #4336 by Athene
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There may be a postal strike but I bet your solicitor has e-mail and a fax. If you can't receive faxes, how much would it cost to have the information scanned and sent to you as an attachment? It should cut the time you spend in the meeting.

You can always ask the receptionist if there's any way of faxing or scanning documents to you - the receptionist probably knows more about using the office technology than your solicitor.

Good luck.

  • scottishlady
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06 Oct 07 #4381 by scottishlady
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Thanks all for your comments...
I'm quite sure that when I look at this proposal for settlement I won't be jumping for joy... but, lets say I find it totally unacceptable - I understand that there will be some negotiating... can I insist that my x2b deals with the issue of 'maintenance' before I consider further proposals for settlement?
My point being - that although I understand that we have to settle our financial situation..... re 'the pot'... my immediate financial situation is far more 'urgent' lets say.
In other words....I need financial support now... not in 6 months/12 months time when 'settlement' has been agreed.. and it seems to me that this is just another way of avoiding giving me any sort of financial support in the 'here and now':angry:

  • Sera
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06 Oct 07 #4382 by Sera
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Your solicitor could advise on emergency court order for continued spousal support, althoug, dealing with my ex in court is slow. He filed Sept - and Hearing is Nov 14th (For conduct / non-mol order trial). Our local court is busy, as most of them are stretched. You could also lend against your house,(security) and the sol could work in backdated spousal support maybe, so when you do finally get the money, you can clear the loan.

What's his reason for stopping it? Mine's been stopped also. My x2b's sol just said, "cancel her standing order, she can earn her own money" . Yeah, I worked with him, he fired me, and cancels my income. I have £10k a year from other income, but he has £60k

Let me know the outcome Karen, I might take your lead on that!

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06 Oct 07 #4383 by scottishlady
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Hi Sera...
Thanks... I will bear what you have said in mind....
He hasn't stopped giving me any support - he didn't even start!!!!!
Yes...my sol has filed at court for maintenance pending suit, but as you say - it is a VERY slow process...
I just thought that it may be possible to say "I'm not considering proposal for settlement until x deals with immediate issue of 'financial support'".... and that's nothing to do with emotions - but purely a need to 'survive practically in the 'here and now'...

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06 Oct 07 #4388 by Sera
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I think 'here and now' means within the next six months in legal speak! This works in my favour, since x2b wanted me 'gone' from our home back in July. Sol started building case through Aug, filed Sept, court date mid-Nov, so no immediate action to rid me from my home.

I will suggest you get free advise, beyond the legal bit of sorting the financial settlement. Obviously you'll need to know what he's giving you, before you finalise an agreement. But for now, call the loacl DHSS, (are they still called that?) State that he's abandoned you, and they'll advise your rights for free.

Don't overlook Tax Credits, also.

Call everyone you have money owed to: Utility companies all have departments which deal with debt, and negotiate with them the possibility of short term reduced payments, (awaiting divorce settlement). I'm sure your sol can work in any backdated monies due? ..... also Council Tax etc.

I will just warn you that you may spend a lot of money just on legal fees. (And more if it goes to court). You'll need to balance what is due, against what it'll cost to reclaim it.

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07 Oct 07 #4420 by scottishlady
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Thanks Sera....
Yes... this is the problem isn't it...weighing up how much it will cost to get my x2b to 'be fair' against how much I could actually expect to receive....
Doesn't seem right does it?....
If I figure that it will cost x amount to receive x amount and it isn't justified to perhaps pursue it, then my x2b continues to 'get away with' not providing any financial support to his family !!!!!:angry:
I have applied for working tax credits... and received my first payment...
I have managed so far to pay any bills that have come in... but, I think in another few weeks, as they keep coming, I'm going to struggle... so, yes, I will take your advice and contact utility companies etc...
I shall ask my sol tomorrow about 'backdated' spousal support (think that's what you called it)... see what she says..
Thanks for all your advice/support Sera...
Wishing you (and me) luck
x

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07 Oct 07 #4421 by gone1
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All then best Karen and Sera. Its wrong that they do this. I am paying the mortgage on a house that I dont live in and have little chance of getting what I am owed. I will see her form E next week (postal strike willing) and I suspect she will ask for the earth. I think ist wrong that people are "disposed" off and have to continue paying. To cap it all I have had my overtime payments cut at work so there is a lot of presure on me. But at least we are free of our ex's. THats something to be happy about. Chris.

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