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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.

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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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Financial disclosure- when they wont play the game

  • Rosie91
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12 Feb 08 #13676 by Rosie91
Topic started by Rosie91
My concern is this:

We are seeking a 50/50, Clean Break split, yet on the exchange of the form E's it has transpired that soon to be ex isn't prepared to be upfront, 6 months statements missing, large transactions not accounted for, missing details of endownments etc.

I have submitted a questionaire which has been returned incomplete.

I am of the understanding that only info put before the court is considered, could this be the reason for stalling, could EX 2B be hoping that he wont be asked to produce ?

At what point does the court intervene & insist on info ?could this be a tactical move or simply obstructive ?

I would be grateful for input from anyone who has experience of this situation, my solicitor has rquested the missing info, only to recieve stalling excuses.

  • scottishlady
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12 Feb 08 #13681 by scottishlady
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Hi Rosie....

Is this an 'arranged' exchange of Form E's by your sols?.... or, are you yet at the 'court' stage?
The reason I ask is.... how can you have submitted a questionaire without examining his complete Form E, along with supporting documentation?
I am at this particular stage... my STBX is also 'stalling' re bank statements etc... but my sol told the judge last week at our 'First Appointment' that we could submit a questionaire as we did not have all the information required re his Form E....
The judge ordered him to 'produce' the missing documentation within 21 days....

  • montana
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12 Feb 08 #13688 by montana
Reply from montana
Hi Al

Do they have to submit within the 21 days, and if they dont what happens?, I am concerned this might happen to me judged on what I have read....
What are the implications for them and me?
Does the court take any of this into consideration?
Good Luck to you all

Many Thanks

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12 Feb 08 #13689 by montana
Reply from montana
Hi Al

Do they have to submit within the 21 days, and if they dont what happens?, I am concerned this might happen to me judged on what I have read....
What are the implications for them and me?
Does the court take any of this into consideration?
Good Luck to you all

Many Thanks

  • Rosie91
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12 Feb 08 #13690 by Rosie91
Reply from Rosie91
1st court hearing judge ordered both parties to answer questions within 21 days, I did, STBX hasn't.

Judge ordered other issues to be agreed and sought, STBX has not done this so far, should have been submitted to court by mid jan, still awaiting compliance from STBX solicitor.

There is a lot of work to be done and the court deadline dates have been missed.

What this means, I don't know, my solicitor reassured me a week ago that we still had enough time if the information came through by the end of the week, that date has gone by.

I have passed all the info over that was requested of me.
the next court date is just a few weeks away, and the valuation of assets has not even been carried out, because the joint instruction letters from STBX has not agreed to them.

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13 Feb 08 #13792 by Rosie91
Reply from Rosie91
It is such a difficult situation, I do not have any contact with my STBX, just through our solicitors, I have today recieved a letter from his solicitor rejecting my income for the last 3 years and my anticipated income.

My income is clearly recorded, I have no hidden assets, yet my STBX is convinced I have earnt 20k+ more, and I have the potential to earn 80k in future years.

These figures are just so unrealistic, it just seems an irrational statement to make. I don't know where it has come from.

I can just about meet the bills each months and afford 1 family holiday per year, which I am grateful for, I realise many people facing divorce are not in as good a position, I do not recieve any support from my STBX, I totally support 1 son at uni and 1 at 6th Form, uni in 2 years.

We are both professional and have equal incomes, I have double his outgoings.
I am worried about my future, we have a joint business that I run and built up. The books are in order, the company is just breaking even. STBX has full access to accounts but somehow sees figures that I don't.

I am hoping to buy him out and would be happy for the business to be in as much profit as he states it is.

Is there anyone on the forum that has a similar experience, I would be grateful for some words of wisdom.

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