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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.

Advice Needed

  • howtogo
  • howtogo's Avatar Posted by
  • Junior Member
  • Junior Member
13 Jul 12 #342905 by howtogo
Topic started by howtogo
Had FDR and Judge suggested 55/45 split of assets in my favour. Also minimum monthly income from pension already in payment on a pension share. Ex refused the offer the Judge suggested. Now wants to go to Final Hearing. Circumstances will not change, and my health could get worse. Can offers without prejudice be made to ex thru solicitor? If ex refuses all offers would that prejudice the case against him or is no regard taken for offers made after FDR? Retired on ill health, and having continued deteriorating health.
Question....Would the Judge at FH be disposed to make similar judgements? The facts would not have changed except poss health.
If reasonable offers are made by shifting a percentage here and there and the offer is refused. Who pays for the costs for the final hearing ......running out of money !!!!!!!!!!!!

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
13 Jul 12 #342909 by maisymoos
Reply from maisymoos
Between FDR and Final Hearing offers should be Open. The judge will expect at least one open offer to have been made by each party. If they are open offers the judge will see them. If Final Hearing results in a ruling much the same as the open offer the judge could make the party who didn''t accept it pay the others costs.

The judge at Final Hearing will be different from the FDR judge. In theory yes the outcome should not be too far removed from what the FDR judge has outlined, although different judges may see a different way of reaching a fair settlement.

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