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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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  • soulmanuk
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20 Nov 07 #7140 by soulmanuk
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i have never heard of this emergency form, i have been to CAB to sort out the credit cards but no one mention the form

  • Specialdad
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20 Nov 07 #7148 by Specialdad
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hi onmwh

Tell her to keep her suggestion and stay put. Unless you beat her up, she cant get a court order to get you out.

Tell her to get a sol if she feels that strongly and get some mediation etc.

Best of luck. B)

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20 Nov 07 #7149 by Specialdad
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Dont worry about the order, a sol would have to get it for you.

Just pay the mortgage. Let your ex take you to court. The judge will not make you homeless especially if you have kids.

  • Fiona
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21 Nov 07 #7181 by Fiona
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soulmanuk, if your ex pays £28/w CM she probably doesn't earn enough to be deemed able to pay anything else. The question you need to ask is would you be able to afford the mortgage if you received all the equity?

I would double check your legal aid situation because it seems a number of people have been turned down recently due to miscalculations. Failing that it sounds as though you have little option other than taking the bull by the horns and push on representing yourself. I'm not sure where you are at, but the first step is to apply for divorce if this hasn't already been done.

Once the divorce petition has been presented to court you can apply to resolve the finances (ancillary relief) and if you are struggling ask the court to award you provisional payments until the final settlement is reached (maintenance pending suit). You will probably feel better being proactive and if you and your ex can come to agreement along the way you can have this turned into a legally binding document. The Which? guide to divorce is a good grounding in the basics and the forms and leaflets are available at;

www.wikivorce.com/joomla/component/optio...,0/func,select/id,4/

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21 Nov 07 #7185 by soulmanuk
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my sol doesnt seem to want to do anything that is my best interest. all she says is it is my fault. i didnt walk out and leave the kids to go and live with someone else,i am not the one who is not paying the debt, i have made an offer and all i got back was it was in your best interest to pay the debt and take it off the settlement, thing is she is not coming after a settlement cos she knows it is going to cost her money.

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21 Nov 07 #7186 by Specialdad
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I would add that after the petition has gone in try to agree to mediation. If she has any sense about saving money she will agree to that.

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21 Nov 07 #7194 by Fiona
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she is not coming after a settlement cos she knows it is going to cost her money.


soulmanuk, that's why I think you need to push to get matters resolved asap. If you are using a solicitor remember they do the advising, you do the instructing and if you aren't happy with the solicitor you have, change.

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