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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.


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21 Nov 07 #7200 by soulmanuk
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i changed sol already cos the one i had was doing nothing. i have tried to do it amicably but she just says go through the sol. the divorce as gone for nisi but i dont know how long it will take. she isnt bothered as she lives with her new partner that has an house that is mortgage free. she works fulltime as does he and only as half the cost of living to pay. she earns £900 a month, her bills are only £250 + £122 csa (based on half of my bills, same poll tax, same size of house) so why is the rest of the money going. she says she as a sol fee of £1800 dont know why cos she isnt doing anything to sort it out. only had one letter off her sol. she is telling everyone she doesnt want the house but yet she wont sign it over unless i give her £12000. 12 months ago i said i would take the house on as i could get a mortgage, but due to Northern Rock fiasco i am now being offered a mortgage that is £10000 short. i cant afford to rent as this is higher than i would struggle to pay for a mortgage,my household income as dropped £1000 a month but the debts are still the same. her total household income is £1900 a month and no debt, so why cant i get her to pay something. she said she would pay a loan £300 a month, but csa told her to pay £122 and she said she cant afford both, why doesnt she offer to pay the £188 difference i will tell you why it is selfishiness and greed. i had 20 years of it so no change there.

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21 Nov 07 #7215 by Fiona
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soulmanuk, it's easier said than done, I know, however it is better if you can separate emotions from the finances. Whatever the reason you are unlikely to get co-operation from your x2b at the moment and there's no point in thinking something should be different from what it is if you can't change it. No one is saying it's fair, but I agree with your sol and don't think you will get anywhere trying to pursue maintenance from her. All you can do for now is try and minimize your outgoings and ensure you are claiming state help if you are entitled to it. Is a mortgage payment holiday or changing to an interest only mortgage an option?

As far as the capital settlement is concerned the priority is that the children are adequately housed. Your x2b has her housing needs met and it sounds as though you may well have a good case to keep all the equity, or at least your x2b's interest be held as a charge on the property until the youngest child reaches 18 if that enables you to remain in the FMH.

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21 Nov 07 #7219 by soulmanuk
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i have asked her to sign for a mortgage holiday and she said f***off go through the solicitor, i cant do anything because she refuses to sign as everything is in joint names, i think she gets a kick out of it all knowing that she as a better life with her new partner and doesnt give a toss about the people she walked out on

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21 Nov 07 #7238 by Specialdad
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Send her a Calderbank Letter of offer and if she fights it and the court agrees with your offer she has to pay your court costs as well as hers.

B)

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21 Nov 07 #7242 by Fiona
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Calderbank letters have been done away with. The general rule is that the court will not make an order requiring one party to pay the costs of another party.

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21 Nov 07 #7245 by Specialdad
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If the other party has been unreasonable the court can order costs to be borne by the other side.

B)

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21 Nov 07 #7279 by soulmanuk
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what do you class as unreasonble, i have asked her for money, i have tried to speak with her. she just doesnt want to know and is carrying on as if none of this is going on and just says see a solicitor. i have no money and legal aid made a cock up on my application so now i am waiting for them again so i cant do anymore than i am.

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