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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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Financial proposal

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18 Jun 12 #337357 by coasttocoast
Topic started by coasttocoast
Hi my stbx ex has applied for Ancillary Relief through the courts with a first appointment hearing set for next month.
In a bid to stop this part of the proceedings going as far as court i put in a last ditch proposal which as yet i have not had any response to.
I have now filed my form E with the court and as of yet am still waiting for exchange via my stbx''s solicitor who seems to be a bit lax in his approach to say the least.
The stbx''s solicitor has stated that he will respond to the proposal on the same date as form E''s are exchanged.
The proposal was sent approx six weeks ago, my question is firstly is it usual to wait so long to get an respone and secondly what is the reasoning behind him saying he will respond to the proposal on the same date that form E''s are exchanged.
Voluntary form E''s had already beenn exchanged approx six months previously and nothing much has changed.
Stbx is using a solicitor whilst i am self repping therefore it is she that is incurring all of these extra costs.

Thank you

  • maisymoos
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18 Jun 12 #337361 by maisymoos
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I think it is fair that they wish to have exchanged sworn form E''s before commenting on the proposal, they will want to be sure on the current financial position (financial situations could change over 6 months)

As far as I am aware there is no obligation for them to respond at all, no response in theory to your proposal possible shows non-acceptance. Was the offer "without predjudice"?

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18 Jun 12 #337368 by coasttocoast
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Yes the offer was made "without predjudice"
There had been a couple of previous offers in the past which were responded to within a couple of weeks.
Basically the offer my ex wants is that she has 100% of all equity and wants me to still contribute to the mortgage until the house is sold. Throughout she will not budge on this stance.
There are no dependants ( over 18 and in full time work) and both parties earn very similar incomes.

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18 Jun 12 #337372 by maisymoos
Reply from maisymoos
If you provide more details some experienced wikis may be able to help on what may be considered a reasonable proposal.

Respective ages.
Length of marriage.
Assets including equity and value of matrimonial home.
Respective Incomes.
No of children/ages - are they all living dependantly? or still in marital home?
Respective Pension values

  • WYSPECIAL
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18 Jun 12 #337461 by WYSPECIAL
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coasttocoast wrote:

Yes the offer was made "without predjudice"
There had been a couple of previous offers in the past which were responded to within a couple of weeks.
Basically the offer my ex wants is that she has 100% of all equity and wants me to still contribute to the mortgage until the house is sold. Throughout she will not budge on this stance.
There are no dependants ( over 18 and in full time work) and both parties earn very similar incomes.


So she wants you to contribute to the house she lives in until its sold and then she gets to keep all the money?

If you agree to that I wouldn''t anticipate a quick sale!

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19 Jun 12 #337653 by coasttocoast
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Thats correct, i hope i am right in assuming a judge will see she has no incentive in selling if i am made to contribute to the mortgage.
The house needs to be sold as she cannot afford the mortgage by herself and would never get a mortgage offer high enough.
The only concern i have is that i will be made to meet the mortgage payments and i do not have the means to do so once my own rent and bills are accounted for.

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19 Jun 12 #337683 by WYSPECIAL
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Are you contributing to the mortgage now? Could you live there until it''s sold?

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