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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.


Getting the Court involved

  • BlueGangster
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03 Dec 07 #8312 by BlueGangster
Topic started by BlueGangster
I am the respondent in a divorce and I have been trying to get my soon to be EX wife to step up to the table and negotiate the finances.
I have vacated the matrimonial home and we have three children. I have my NISI however 6 months on and her Solicitor is still stalling for time to exchange the form E. I have had mine ready for ages. I have made offers and they have always been rejected.

She is clearly stalling for time and all this time she retains the home. The only asset I have is the home and I clearly cant get her to sell it at the moment. I want to force the issue and get this into the court. Can any one advise on this process and what I can expect.

  • DownButNotOut
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12 Dec 07 #8918 by DownButNotOut
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Blue Gangster,

Ancillary relief proceedings can drag on.

Mine has taken 2 years so far despite me sticking to every deadline.

If she has the three kids in the FMH then there is no guarantee that the court will make her sell in the short term anyway.

Unless the home is deemed way to big for her and kids or she is clearly unable (even with maintenance from you) to be able to pay the mortgage...then the court is likely to let her stay in the house if at all viable.

You may end up waiting until kids are older before your equity is released from the home.

As respondent there is little you can do to speed things along. Just stick to your deadlines.

Her sol will not accept an offer until they have seen your form E as they need to get the full picture of your finances in order to advise her on whether the offer is fair.

  • attilladahun
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13 Dec 07 #8928 by attilladahun
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You can very easily force matters on.

All you have to do is file Form and the Court will timetable the matter and list the 1st Appointment in about 16 weeks.

Technically she has failed to comply with the pre action financial protocol by properly disclosing finances etc

The pro's you will prob sort out matters at the FDR and that will be say 4-5 months away.

The cons-unless on legal aid or fees exempt the Applicant pays Crt fee of £210 to file Form A

In our court and many others if both parties are legally represented the tasks of the App solr is more onerous as usually

The App solrs types out any orders of Court for sealing by Court

App solrs organises any valuations of ppty and pension acturarial report in a case of large pensions even tho perties pay 50% cost of valns/reports

The killer -finally in the rare cases the case does not settle at the FDR the App solr prepare indexes for bundles for the FH which is very time consuming and thus expensive.

It clearly looks like you will have to bite the bullet and file for she will percieve her risk of sale gr8tr if she delays.

Your solr could politely remind her solrs that failure to comply with protocol is litigation conduct!

Best of luck

  • BlueGangster
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19 Dec 07 #9254 by BlueGangster
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Many thanks for this. I am self rep so I will need to fill the form A in my self. Is there any advice online to filling this. I have the form but slightly unsure what I am filling for ?


regards

Steve

  • loobyloo
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19 Dec 07 #9256 by loobyloo
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hi blue
i will be able to help with form E. I am currently waiting for fh which will be next easter its a long process and lies easily got away with
My advice is to use the people and resources on this very precious site
If i had found thid in march id of self repped for sure its a farce AR believe me i had 2 1st appt 2 fdr as he messed up so im left high and dry with 2 kids he swanning round
but thats another gripe
so if my experience is of any help to you i offer it willingly
take care
looby

  • maggie
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19 Dec 07 #9258 by maggie
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Form A is the notice of intention to apply for Ancillary Relief?
www.hmcourts-service.gov.uk/courtfinder/forms/form_a_1205.pdf
I think the idea is to apply for everything listed that you might want or be entitled to apply for, because you can't apply later for something you haven't given notice you intend to apply for in Form A.

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19 Dec 07 #9273 by BlueGangster
Reply from BlueGangster
Thanks Looby. I will certainly need a few pointers and I really appreciate your support.

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