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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.


Financial proceedings, are barristers necessary?

  • befuddled
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10 Apr 12 #322945 by befuddled
Topic started by befuddled
I am very confused as to what is happening with regards to financial agreements. I have just started divorce proceedings and also said will need to get a financial agreement, my wish is to get a Consent Order and Clean Break done. I suspect there will be wranglings over the finances as my stbx doesnt really understand things and is permanently convinced I am going to try to take everything.Plus our finances are complicated.
I explained this to the solicitor and now apparently there is a court date set already in july to deal with finaces and when trying to explain it will be difficult and expensive for us to attend (as we work abroad)they say we need to. I heard this wasnt necessary. Also they mentioned barristers! What do we need them for, that sounds expensive and extreme, is this normal. Should I put on the breaks a bit and tell them to hold fire. They dont seem big on mediation or for us to try and make a joint agreement. I have read outlines as what the financial agreement thing is but just get lost. Are barristers normally involved?

  • Lostboy67
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10 Apr 12 #322950 by Lostboy67
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Hi
It does seem a little strange to start off with the premise that barristers are going to be required. Usually you start with the lowest cost option, which is mutual agreement then mediation and then if still no progress court and possibly barristers.
Now it might be different if you have huge assets to divide, and I notice that you are listed as being in Scotland which has a different legal system that may make a difference.
If you do come to an agreement via negotiation with or without mediation it is usually recommended to have a solicitor look over it to make sure its not too one-sided.


LB

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10 Apr 12 #322954 by befuddled
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Thank you, I am filing in England. The solicitors are a bit gung ho, though efficient. I think I will email and just stop them going full pelt.

  • hadenoughnow
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11 Apr 12 #322992 by hadenoughnow
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Befuddled, remember the solicitors work on your instructions and not the other way round!
It sounds like it is worth trying mediation with a view to agreeing a Consent Order. Wikipeeps can help you work out a fair offer.
You will each need to provide financial disclosure. How the finances are divided will depend on a number of factors including ages, length of marriage, incomes, children, assets and debts.
There is lots of information on the site that will help. It is a good idea for you both to be as well informed as possible about the financial aspects of divorce.
What stage of the divorce process have you reached?

Hadenoughnow

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11 Apr 12 #322996 by befuddled
Reply from befuddled
I just filed for divorce. The solicitors are greta, do not mess about but I am worried I might being rail-roaded into court proceedings. With the Petition they filed a Form A to start financial proceedigns and they told me then a court date had been set for the 6th of July where we both have to attend...I thought that didnt need to happen. I now have to fill out a form E.

So is filling in a form A and a form E normal, after that do we then have a mediation meeting? What is this court date about?

I have emailed my solicitor to clarify I have no wish to go to court if possible, I am not ssure what this court date where we have to appear for is and that I want a mediation meeting. It could be I have panicked and misunderstood things but to already secure a court date where we are required to attend doesnt sound right to me. THink they are thinking I am wanting to things through the courts, like Firts hearing, FDR and final hearing stuff...but I want to avoid that. I think we have crossed wires somehow as I indicated my husband won''t necessarily be cooperative in terms of not agreeign to anything etc. But have talked to him and we could somwhow reach an agreement, though think it might be to my detriment...but I do not want to waste money on fees, would rather he just had it.

I have just been swamped with forms!

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