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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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2nd hearing 14th Nov for finances

  • Angel557
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06 Oct 07 #4387 by Angel557
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Have 2nd hearing on the 14th Nov, We tried to come to a mutual agreement after 1st hearing in Aug.We failed,.He is represtening himself i have a barrister length of marriage 11 yrs , 2 children. Our FMH was sold for £183,000 , equity in the property was £79,000 after all fee's etc.. had been paid , out of this equity i recieved £26,000 he took £53,000 as it was in a joint account.As we are more than 2 yrs down the line he has spent all that equity and has got himself into debt through his g/f, he has had so much time of work as she is insecure, he has paid for her and her children to go on holiday's, new fitted kitchen for her , hypnosis for her , failed IVF, and i have also found out he gives his g/f £600 p/m they don't live with each other.He also has arrears of just over £6,000 with the CSA as he refuses to pay child support.I have only now found out what this man earns as he never let me know, The joint account we had which the equity was put in had'nt been in use since 1999.This is when he stopped supporting me and the children even though the children were babies at that time i had to make do with the child benefit and credit cards then later a p/t job hence why i'm in debt.My proposal for him is going to be £1,200 p/m for me and the children as my earning capacity is greatly reduced , due to the children and 1 of them being disabled, i have re-read his E form where he claims he needs £3,368 p/m living as a single man his E form was done quite a few months ago when he was pAYE now works as a self employed sub contractor even though earnings is still the same .I on the other hand am lucky if i have a spare £10 some weeks. Do you think this sounds acceptable , looking at his bank statements his weekly take home pay varies from £763 - £1506 p/w he has not showed what he spent all the equity on there is 1 missing bank statement and i know in that month he bought an Audi TT whereabouts of this car now are unknown, i on the other hand have put all my cards on the table and been honest.Don't see why our 2 children have to suffer due to his g/f being insecure, once i have a bit of stability i can start to work p/t again and get myself out of the system.Just wish i knew how the judge is going to deal with it.

  • gone1
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06 Oct 07 #4410 by gone1
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I wasnt going to answer this one as its a bit complicated and its not an area of expertise for me. Hopefuly someone with a bit more nounce will come along. I will try though. Ok your best bet is with the CSA. I know a bit about them and I can tell you with some certainty that if you are a pain in the arse with the debt recov department they will act. Thing is they have so many cases that they only do ones that they get hassled about. You need to ring them every week. You should have a direct number of your case officer. This is all about to change as IR are taking over the work. They are not like the CSA at all. If you have ever had tax problems you will know what I mean. One last thing. This bloke is a total looser. You are well rid of him and provided you are a good mum you will come out on top. As courts like to keep something thats good going. All the best to you and hope that someone answers this post and gives you a better answer. Thats all I can add. Chris.

  • Fiona
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07 Oct 07 #4424 by Fiona
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Great pic, I'm dazzled :blink:by the flashing lights.

The thing that stands out is that the CSA are involved and have jurisdiction over CM, so the courts can only order spouse maintenance.

  • Angel557
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07 Oct 07 #4426 by Angel557
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my understanding though of the CSA which have been involved since oct 2005, is there not very good at getting money from the NRp when the NRp leads them a merry dance as my ex does he has not paid since may 2006 they done a DEO and he left the employment.I also understand if he moves in with her legally his net income will be reduced by 25 percent to take into account her children.CSA also takes in account the relevant children's disabilities but not those of the bio children's. As currently i'am on income support i have no choice but to use the CSA, if he was to pay SM i could come to a private agreement with him and not use the CSA but the arears will remain, but once again i think i have more chance of seeing a pig fly.

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08 Oct 07 #4455 by Fiona
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That's fine, as long as you realise a court can't impose an order for CM.

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