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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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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.

Advice re financial settlement and court

  • langley13
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30 Mar 12 #320897 by langley13
Topic started by langley13
I am lucky enough now to actually have my Nisi althoough my solicitor suggests not claiming absoulut until finances sorted. My question is that I want to take my ex to court to see what the courts decide as he is just putting me into debt with legal fees as he is self representing himself with the help of his solicitor brother, he is delaying and it is really all getting to me. My solicitor does not seem to want me to take it to court and in fact seems to be oblivious to this request from me, should i continue to try and do this voluntarily or should I do the cort route? I really will listen to good advice. We were married 4 yaers but 10 year with cohabitation, I proved financial input into the matrimonial home of £51,000 in 7 years even though I only worked part-time but when I was not working I kept house with very little help from him, I have no proof for the two years prior and I helped raise his children who lived with us, I was a good parner/wife he never put me on the mortgage or utilities, the equity in the house is £135,000 and pension CETV of £71,000, he is 51 I am 48 he earns £1777 per month I earn £947. My solicitor said that we should suggest a settlement to him but how do I know what is the best thing? And when she asks me what I would like to suggest as an amount I have no idea what is fair. He is an unkind selfish person who has taken 10 years my home from me. I am now staying temporarily at my Dads. Please let me know what you think is the best course of action for me and I forgot to say that the youngest child is 17years and in full-time employment. Thanks

  • jonathancj
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02 Apr 12 #321239 by jonathancj
Reply from jonathancj
It''s not really good enough to ask you what you suggest - your solicitor should advise you what you should be looking for. The starting point is to look at what you need in order to rehouse yourself on your own. You then need to find out what you could borrow on a mortgage. Start the bidding at the difference between the two.

  • maggie
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02 Apr 12 #321256 by maggie
Reply from maggie
I expected my solicitor to set out several possible outcomes/post divorce scenarios - to demonstrate what might happen.... but she never did. I was expected to state what I wanted to see with no experience and no appraisal of the chances by her.
My conclusion after hearing about other people''s experiences for a few years now is that suggesting possible solutions is not what Ancillary Relief solicitors do?
My suggestion is to ask to see your solicitor''s instructions to the barrister before you go to court - you might be surprised/horrified at what your solicitor thinks you want.

  • langley13
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04 Apr 12 #321612 by langley13
Reply from langley13
hi! Thank you for your replies and I appreciate all that you have said and I am sure that nearer the time the Solicitor will give me the information that I am asking but I was hoping that someone could give a rough idea of how much I may be entitled to so that I have an idea of what is right or wrong, I would not take anything as gospel but if anyone could an idea as it would give me peace of mind as I say nothing is written in stone but an idea would be helpful.

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