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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.


HELP

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04 Apr 12 #321676 by blonde cazza
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My divorce proceedings have been started and i need advice on financial settlement...my ex and i were offered to go to mediation but he said he cant afford it...so my sol has put to him that we either go there,exchange form E voluntary...or go to court...i have asked him if he received my sols letter but he said he didnt and now wont answer texts.
What happens if i take him to court and he dosnt turn up?

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04 Apr 12 #321677 by fairylandtime
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Does your x qualify for legal aid for mediation? In the end mediation although costly is cheaper than going to court.

Sounds like your x has his head in the sand a bit?

I would go for the Nisi & the Absolute 1st so they are ongoing but also start the finials, but it is really hard when your x just ignores you (I know) & the more you go to solicitors the more it costs. In hindsight I woul have not used my sols as much to try & chase x re child contact, rumours & financials as it just cost too much for getting no where.

We did mediation it cost but not as much as mediation I went the path of least resistance & took the debt on etc etc but it still took ages & cost loads.

Try get your x to go to mediation if you can.

Good luck & stay strong JJx

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04 Apr 12 #321684 by blonde cazza
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Hi no he doesnt he earns 2,300 a month...
Im getting the impression hes stalling for time i know he has purchased a house and he has tried to hide it as he issued divorce petition and never mentioned our son is having contact there...
If i have to go to court would hr be forced to attend?

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04 Apr 12 #321690 by fairylandtime
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Not sure if you can force your x to attend, hope someone else with more experience can help you here.. . . please guys

I think he can be supenaed to attend court but still could ignor this.

Do you think you old write to your x (recorded delivery) & ask formally then you have this for court?

Good luck JJx

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04 Apr 12 #321710 by Action
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Is your STBX using a solicitor? It sounds like he needs a wake up call fast! He would be pretty stupid not to attend court as he would have no opportunity to make his case. Are you miles apart in your expectations? We''ve spent 18 months and thousands of pounds in mediation/Solictors and have finally compromised on a figure not far from what I suggested the week after we split. Such a waste of time, money and emotional energy.

Try to get him to think about the likely legal fees in relation to what you''re arguing over. mediation helped us in terms of completing form E (not sworn though) and the theory of asset splitting being explained to my highly intellectual but oh so dumb STBX. It wasn''t cheap but the Court route would have eroded a huge portion of our assets.

Hopefully a legal wiki can give you some more professional advice soon.

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05 Apr 12 #321887 by blonde cazza
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Yes my ex is using a soliciotor...we have already sold our marital home and a large proportion came back to me as i tied it up in a deed of trust whch i purchased a new house for my son and i which my ex agreed too.
I need to see the form E as my solicitor said he cant say if its a fair settlement or not...i know my ex earns 5 times what i do plus he has a pension of 50k plus he has shares in a family business worth ????.
We both had equity from a previous house of 40k each which has gone now he spent his and i put mine into doing up our last home together...It seems unfair to me that i onky get my inheritence back which was tied up in case of this happening..
We have a joint loan i have offered to pay half and the company have been chasing my ex for months even passed it on to a credit collection agency..so i wrote to the company giving his new address..and now he has offered to pay half..
My solictor pointed out to him to pay me 600 a month as he always had been but he cut it to 350 a month without warning..
I have always worked part time to look after our children and so my arguement is should be awarded something as without my support he would not earn 2,300 a month and have been given shares in the company...
As no settlement was agreed he purchased a house and has tried to hide it and even filed for divorce saying he would pay costs if i co operatate.
I tried to text him last night to ask if he got the letter he said no asked him to check with his sol to see if it was there all he said was yep.now leave me alone!

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05 Apr 12 #321939 by Action
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Sounds like he''s running scared.

Paying costs for a divorce are a different issue to paying the cost of a battle over the finances. We''re at Decree Nisi stage but I will not apply for the Absolute until the Consent Order is in place and the house sold. By all means ''co-operate'' over the divorce but you need all the facts for anyone to advise you what is a fair financial split. You are quite right in taking into account your contribution in enabling your husband to earn what he does.

Surely he''ll have to stop burying his head in the sand sometime soon?

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