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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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Ex deliberately not signing Clean Break

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21 Jul 20 #513361 by sweet4u2012
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I think as for the court fee of £255 you can ask the other side pays half of that is its them thats not signing the Clean Break even though documents have been exchanged and there is nothing to declare or own any assets.

As for your own solicitir fees you will have to pay that yourself as myself its gona cost close to 4000pounds as solicitir charges there labour plus vat. But I didn't feel I could walk in court and represent myself. As it could mean I could loose the case.

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21 Jul 20 #513362 by .Charles
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There is no precedent for a costs order being made in respect of the court fee to issue a financial application.

If the parties are unable or unwilling to reach a financial agreement by consent, it is open to either party to apply for a financial remedy order.

The court fee of £255 is required to make the application unless the applicant is eligible for fee remission.

The court will not consider making or order that one party pays the costs of the other until disclosure has taken place. A costs order is a penalty for not being reasonable and a party cannot be criticised for failing to accept a settlement proposal when the financial position between the parties is unclear.

Representation by a solicitor or a barrister costs a considerable amount of money. You pay for their legal expertise in the same was as you pay for the expertise of an accountant, a carpenter or a chef.

You can do the job yourself but your results will vary depending upon the complexities of that job. For instance, I can make a cake quite competently but I would employ a baker if I wanted the cake to look like a unicorn.

The quickest and easiest method of settlement is for the parties to be upfront with their finances, discuss what is fair and reach an agreement which is recorded in a Consent Order. It's when the parties are unable to achieve this that you employ others (solicitors, barristers, mediators) to work towards a settlement. That all comes at a cost...

Charles

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21 Jul 20 #513364 by sweet4u2012
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Great reply above. So in my scenario. We exchanged the form E and pointed out what me and my ex had. I stated I did not wanted to claim anything from her she has for children from me which I'm paying 580 pounds each month yo her for childmaintaince. Anyway after the exchange and reviewing the form e my ex solicitor replied her client my ex will not sign the Clean Break and will.not be pursuing the matter to court. But this wasn't enough for me to live in peace for the rest of my life as its just words. So my solicitor advised me to go through proccedings as I don't own any assets and the court will favour you. Before I decided to go through courts we wrote to my ex solicitor stating my client which me me is willing to offer my ex 500pounds not as bribe but gesture to sign the clean break. As we don't have a direct address for my ex we had to go through her solicitor. Her solicitor advised they have closed the file not sure what they mean. We trusted them to pass the letter of offer to her. Did she we dont know gave her 2 months no reply from her solictor. So we are going through courts now. So I'm sure if we mention all this we tried to do to get her to sign but she clearly deliberately doesn't want to.

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21 Jul 20 #513367 by .Charles
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If the solicitor has closed their file it means that they are no longer instructed i.e. their retainer has come to an end. If they are no longer instructed they will not pass post to their client.

It sounds as though you have exchanged form E but that doesn't mean that disclosure has concluded. And there is no concluded agreement (where an offer was made and accepted). This means that your only option is to get an order from the court.

If your ex's address is unknown, it is possible for that address to remain confidential. However, the Court would need the address and this could be obtained from the previous solicitor or from the Benefits Agency. The Court would make an order that the benefits agency disclose the address to the Court or to your solicitor strictly on the proviso that the address is not passed to you.

In those circumstances you could proceed with your application and even if your ex did not respond, the court could still make an order. It will take longer as there will undoubtedly be adjourned hearings but if a decent judge gets hold of it, they will manage the case in a way that reaches conclusion effectively.

Charles

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21 Jul 20 #513368 by sweet4u2012
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Thank you for the above reply. So when my ex splictor last responded to my solicitor she wrote my client will not sign Clean Break and will not be going to start court proceedings. After that my solicitor told me that they closed the file
Then I told my solicitor to make a offer to her by seding a letter to her solicitor. That clearly shows the letter was not passed to her but I'm thinking my solicitor should have know of this or she done this to please me

Now we have started the court proccedings my solicitir told me its 2 court hearings and matters will be done in them hearings.

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28 Aug 20 #513877 by sweet4u2012
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Thank you for the above reply. So when my ex splictor last responded to my solicitor she wrote my client will not sign Clean Break and will not be going to start court proceedings. After that my solicitor told me that they closed the file
Then I told my solicitor to make a offer to her by sending a letter to her solicitor. That clearly shows the letter was not passed to her but I'm thinking my solicitor should have know of this or she done this to please me

Now we have started the court proceedings my solicitor told me its 2 court hearings and matters will be done in them hearings.

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18 Oct 20 #514505 by sweet4u2012
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Hi My solicitor has told me as we are going through courts we need to show the courts that we have exchanged the forms e again. as we last exchanged them some time last year and my solicitor said the court will not accept that. is this the right way that we need to re exchange the forms.

what comes to my mind is that my ex doesn't have a solicitor and that she is not aware at the moment that we have started court proceedings to resolve the financial matters. so when we have all our documents and are ready to exchange that will mean my ex will then take further weeks to get her documents ready?

or have I got this all wrong the court will give us both a date to exchange the documents? and then after the exchange will carry out the hearings. can someone please explain thanks.

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