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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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Do i change solicitor's

  • Angel557
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03 Dec 07 #8276 by Angel557
Topic started by Angel557
I have had my sol since july last yr, as i relocated and thought it would be better having a sol near me.Since summer of this yr i have relocated again but felt it was too late in the day to change sol.Our repeat FDR hearing is now going to be some time early next yr rather than sometime this month.I choose this sol as she had a good rep but i feel she has done nothing for me really, she has not told me of court date's as she said i wrote to the court explaining the distance was too great and that was without asking me so the ex has had a field day there slating me in letter's saying i could'nt be bothered turning up.Ex was granted absolute last oct , i was informed 3rd Jan this yr by sol's secretary.I spoke to her on friday and not happy with what she has said basically me and the ex did come to an agreement and both signed and sent it to court even though he never put down the figure's on the paper why did'nt she say to me that seems fair enough .Now my ex is fiddling figure's left right and centre i can see the lie, after lie on his old and new form E, he wants a Clean Break according to him he has nothing to give to offer a clean break even though he sold our home and took most of the equity has still not answered the question what happened to the equity, so i said to sol chances of sm to help me for a while til i re-train she said unlikey, enforcement of him to pay child support or extra child support given there is a disabled child she said highly unlikely.So what is the point of going back to court but the judge allowing me to ask more question's? My sol says i need hard evidence how do i get that i'm not a dectective.None of what my ex has put in his form E makes sense he is claiming his earning capacity is now less than when i meet him in 1993, but you can see movement of large sum's of cash in and out of his 6 months worth of bank statement's once again he has only supplied 6 months worth.I know this bloke better than anyone i can see what he is doing and he is playing the system well, not bad for someone who is repping themselves.He always said given he was my abuser and jailer if i ever divorced him he would make sure i get nothing so far he has kept true to his word.Just need evidence where , how ?

  • attilladahun
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03 Dec 07 #8278 by attilladahun
Reply from attilladahun
she has said basically me and the ex did come to an agreement and both signed and sent it to court even though he never put down the figure's on the paper why did'nt she say to me that seems fair enough-

Either you have an agreement or you don't

Remember an agreement is not automatically going to be approved as the District Judge must be satisfied it is fair.

What is the pot?

and how is it divided...

On the one hand it is said there is an agreement but then you have an adjourned FDR.

As you know form E require 12 months statements...why only 6 provided surely a Questionnaire has been served

If you suspect non disclosure the solr is right the Crt will not allow a fishing expedition so to get more questions asked and an order from the Crt you have to have evidence...

Often shown by identifying expenditure disclosed + lifestyle does not add up especially if H debt does NOT increase.

If he is employed the likelihood of fiddle is much harder

Where do you think the areas of fiddle/non disclosure arise?

Earning capacity is always relevant..don't forget a court should not approve a clean break of SM for you unless you can adjust without undue hardship!!!

Often SM is payable whilst you retrain

What isn't sometimes approved if W says I wan't to go to Uni to do a wird degree which will not likely lead to a job.

If say one worked years ago in secretarial field a year to polish up IT and Computer skills is OK.

He has to give something in return for a CB...if not seek a nominal order that can be varied

  • Angel557
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03 Dec 07 #8280 by Angel557
Reply from Angel557
In Aug he said he would give me x amount for the children every month plus buy their clothes, school trips, any other things they need , pay for me to take them on holiday and to help me out as i did'nt even have a cooker , frdige or anything like that to provide the basic's needs for the children.As i say he never put the figures on the paper but gave me his word which now i find means nothing,He is self employed his earning capacity has gone down a considerable amount where as you can see weekly cheque's going into his account for £1,300 p/w even up to £1,700 p/w now he is saying his earning capacity is £248 p/w these are the figures he has given to the CSA.He is a sub contractor so not proper self employed in my eyes he works like a PAYE except does'nt get holiday or sick pay.His lifestyle certainly does not add up to earning £248p/w in his first from E he stated he required £3,368 to live as a single man now were down to earning less than a grand a month.I need to retarain in some area's as he would not let me work infact he would 'nt let me do anything hence me calling him my jailer.

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