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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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Am I going to end up paying all of our court cost

  • sulkypants
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23 Apr 12 #326090 by sulkypants
Topic started by sulkypants
Am I going to end up paying all the court costs.

I am Petition in marriage have never worked throughout marriage although I did arrive with a large lump sum when I bought 25%% of the marital home and contributed towards household income as we fostered.

Now we own our home outright have 2 dependant children who reside with me.

We went through mediation initaly had a Consent Order drawn up but it has been rejected by the court.

Huge pension pot 580K
home owned outright 340K
he took 50k to use to buy another property and left me with 10k and a life on benefits to look forward to therefore I feel it is unjust I have to pay all the court fees.

I now face having a full financial hearing which I have to apply for I have told by the judge if I drag my heels she will kick it up to a higher court but in any case I will have a stat charge applied to the house.

He has spoken to a solicitor through his work but is self representing himself.

States he paid into his pension for 10 years before we married so he cant see why I should benefit. He forgets the fact he brought nothing into the marriage other than debt and the large amount of maintenance he paid out to his previous partner and there kids. He also forgets the large amount of his salary that he paid into the pension which I dont view as his 11% of his net income which he now wants to be treated as his own.

My query anyway is ... are all of the court costs going to have to be paid by me? Given he wont use a solicitor, but is constantly calling the court as he has formed a new relationship so is in a rush to sort this matter out.

I have had to ask for an adjournment in the next court case, as the court gave me very little warning I had a hospital admission he has made a point of telling me he is still going to go to court to complain I am delaying the matter (I cant help it if I am ill and have supplied hospital admission letters to prove it.

  • sexysadie
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23 Apr 12 #326100 by sexysadie
Reply from sexysadie
If he was trying to leave you with £10000 I am not surprised that the judge threw out the Consent Order. You are likely to be awarded half his pension and at least half the house, and probably the right to stay there until the children are grown up. He has another property, so his housing needs are met so you could argue that he doesn''t need any money from the house at the moment.

Actually filing for Ancillary Relief does not cost much. It is fee-based so you won''t be paying for all his phone calls, just whatever the fee is for filing a claim. As court staff can''t give legal advice he will just wind them up if he phones them all the time.

What is expensive is using solicitors. However, given that this much money is at stake it would be money well spent. If it costs you £10000 or even £20000 to get half of a £540000 pension pot plus a good deal of equity then it will be worth it. If there is also cash to fight for then you might be able to get a loan to pay legal fees, which again would be a good investment. Or you could take your courage in both hands and represent yourself - though given the history so far where you have been rescued by the judge from a grossly unfair settlement I wouldn''t recommend it.

I know you feel annoyed that the judge threw out your Consent Order, but to be honest she has probably done you a very good service.

If you are on benefits, might you be able to get legal aid?

Best wishes,
Sadie

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