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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.


Financial remedy

  • Debbiecam
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28 May 21 #516836 by Debbiecam
Topic started by Debbiecam
My FDR hearing was in April, and at the 9th hour the ex suggested an out of court settlement, which i accepted. Judge was happy and made a Consent Order. I’m supposed to receive lump sum on Monday 31st May direct into my account. Today the ex has filed a D11 form asking for an extension, and saying if he can’t find an affordable loan, he would like to pay in instalments.

Now, I actually believe the out of court part was a clever tactic to enable him to shy away from the hearing as I had so much dirt on him for tax evasion, benefit fraud, and general deceit to the court. he couldn’t afford for the judge to find this out.

My question is, do I have to complete a D11 form too, which then would cost me more money, or would this go to a hearing and I get to say my bit then? Is there anyway I can insist on the hearing now?

Any advice gratefully received.

  • hadenoughnow
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29 May 21 #516838 by hadenoughnow
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Do you need the lump sum to help you meet housing needs for example??

Are there any assets retained by your ex that could be sold to fund this payment or transferred in lieu of it? Was there a default position in the order ie if he doesn't pay the lump sum. X has to be sold/ interest accrues??

You don't need to put in your own D11 but you can provide your own statement to the court in response to his. You should set out your objection (if you do object) and point out that he consented to the arrangement and has had six month to arrange the funding. The matter of an affordable loan is not your problem; he agreed and it was ordered that he pay.

This should not be seen as an opportunity to reopen the whole matter.

Hadenoughnow

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29 May 21 #516839 by Debbiecam
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Yes, I need the lump sum to help towards the debts which were created during the marriage. He walked off leaving me to drown whilst his new partner is quite wealthy, and they both live this wonderful lifestyle, although his now not working. But assured me he would get the money for me.
There never were assets only debts unfortunately.
Ok the fact that I can respond is good, do I need to do this on a particular form?
Sorry to pain, and thank you for taking the time to reply.
Regards
Debbie

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29 May 21 #516840 by Debbiecam
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Ps, yes interest does accrue. I’m guessing that judge debtors rate is 8%?

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29 May 21 #516845 by hadenoughnow
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Yes 8%. In your statement you would need to detail what it is costing you to continue servicing the debts.

Have you seen the D11 application? Has he suggested this could be a paper hearing?

In your shoes I would put together a position statement stating your objection and submit it to the court (copied to him) ASAP. This may well prompt a short hearing at which you would each be able to give your views.

Hadenoughnow

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05 Jun 21 #516889 by Debbiecam
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Thank you, I have done that. He has said it can't be held on paper. So I will have to wait to hear from the court.
Thanks for the advice, I just have to hope Judge agrees with me.

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