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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.


Ground to a halt, jumpstart anyone ?

  • sotiredofthisnow
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02 Jul 12 #340567 by sotiredofthisnow
Topic started by sotiredofthisnow
Hello,

2 years ago in 2010 my wife moved out asking for a divorce. I agreed.

We got as far as a Decree Nisi in 2011 and finally this May 2012 had one mediation session (which I think went well) where she could see there was no equity in the house. She dropped out of mediation and asked me by text to ''make her a sensible offer so we won''t drag this divorce out any further''

I don''t want to make an offer until I know what she wants. I have no liquid assets but have a much higher salary & pension. I have never seen a form E from her (mine is prepared and kept up to date) and her solicitor never answers any letters I send asking what''s going on.

Now I''ve discovered she is relocating to another part of the country and I''m afraid I will again hear nothing for a year or so.

I think I have no choice than to open financial proceedings to put a timetable on things.

Does it matter that her solicitor is supposed to be handling Ancillary Relief for her, given he won''t answer my enquiries ? Is there anything to stop me applying to court myself ?

I wish she would just voluntarily disclose a form E and say what she is seeking , but I just can''t see it happening.

I don''t want to divorce without a court agreeing a Consent Order either

I know you are encouraged to ''sort things out between you both'' but she just never does.

Are court proceedings going to financially ruin me assuming I represent myself ?

  • TBagpuss
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03 Jul 12 #340757 by TBagpuss
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Yes, you can issue a Form A. i would recommend that you first send a final letter to her solicitor, basically saying that you have bern waiting for voluntary finacial disclosure since (whenever you have been waiting), that you reamin ready to exchange as soon as she is in a position to do so, that you still want to resolve matters amicably but are not in a position to make any proposals until you have seen her disclosure.

Then say that in light of the delay, you do now intend to issue proceedings, not out of hositility but simply in order to provide a framework andtimetable to acheive a settlement. Tell thm when you will do this (e.g. will issue in 14 days) then do it.

You will need to check whether her solicitor can accept servcie of the papers - if not, or if they don''t respond, then you can give your ex''s own address as her address for service on the application (although I would, as a courtesy, send a photocopy of the application and order to her solicitors as well as sending it to her directly)

  • sotiredofthisnow
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03 Jul 12 #340814 by sotiredofthisnow
Reply from sotiredofthisnow
That''s very very helpful, thank you so much

her solicitor has not replied to my last 3 letters. She has ignored my question as to whether that solicitor still represents her. she also hasn''t told me she''s relocating, a neighbour told me (and her house is back on the letting lists) .... wish me luck !

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