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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.


finances

  • blonde cazza
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06 May 12 #328679 by blonde cazza
Topic started by blonde cazza
need a little advise....
my solicitor has advised me that i should be able to claim sm from my ex...in order to do this i have to take him to court and it would cost 4k...my ex has threatned to make a claim on my new house which is fully paid for if i do...
Im concerned that the court fees will out weigh the maintence and put me into debt by 4k!
My Nisi is being read on tuesday in court and how long do i have to take him to court for finances?
All that was agreed was that my deed of trust money should come back to me and ive purchased a house to house my son and me and that he should keep his pension

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06 May 12 #328686 by dukey
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When you say you agreed you would keep your house and him his pension is this via a Consent Order that was to be sent to court?.

The SM is the solicitor talking about a maintenance pending suit or an application for a financial order,if the latter 4k is no where near enough if it goes all the way to a final hearing.
Either application can be made once you have a live divorce application which you do.

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06 May 12 #328702 by NoWhereToTurnl
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Hi, in my situation the Nisi was given but the Absolute not allowed until the financial order granted. It appears that your stbx will not be fully co-operative with proceedings and should that be the case, you could end up going to a final hearing. Mine cost significantly more than 4K, more like 40K!

If there is money in the pot, it might be better to look at capitalisation of SM so that you are not put in a position of having you re visit court in the future when he decides to stop payment or applies to vary the order.

Best wishes and good luck.

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06 May 12 #328705 by dukey
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NWTT this can happen though it is at the judges discretion, it is far more likely if the other side asks for the delay until you have an agreement or sometimes when pensions are involved.

It does seem to be a bit of a lottery though, i know one lady who had the Absolute for 18 months before she discovered it, her solicitor "forget" to let her know.

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06 May 12 #328706 by blonde cazza
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no not via a Consent Order...our marital house was sold before the divorce started...i had put in 160k which was under a deed of trust...it was done through a solictor he said i could have the money back and he would keep pension...nothing has been signed...his solicitor suggests that that should be Clean Break as my husband walked away with 1300 from house sale but nothing been signed...my solicitor has looked at my outgoings and because there is nothing in the pot or extras said im entilted to mantenance but would have to take my ex to court as he flatly refuses to go to mediation or give form E voluntarily...my solicitor has quoted 4k to take him to court so you can see its a huge gamble as everytime we try to sort something my ex comes back and threatens to make a claim on the money that i got back ut i brought a house to house my son and me..im also now concerned with csa changes as at the moment he pays 350 a month but ill get alot less with these changes...

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06 May 12 #328708 by dukey
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My sums are a bit rubbish but if he is paying £350 and doesnt have the child overnight that gives him a net of about £2300, is that about right?.

I also would be concerned over costs, if you start this off in court then the judge will consider the whole thing not just SM, given your solicitor knows the situation what does s/he think would be the outcome.

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06 May 12 #328718 by blonde cazza
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He has the child two nights a week...he has a net of 2477...he said he checked through the csa and they said 350 full amount which hes prepared to pay...but the new proposes of csa would give me alot less as its 12 per cent for one child which is roughly 296 and thats not accounting any overnight stays...am i right in thinking this...
My solictor has noticed the whole picture and said im entilted to maintenance but like i said its a huge gamble and like i said where nothng has been signed my ex could come back and make a claim in years to come even if i dont take him to court

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