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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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Maintenance pending suit

  • coasttocoast
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06 Aug 12 #347728 by coasttocoast
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No i am quite sure the solicitor is actually trying to reign her in, it is her that is pushing the boundaries. Not able to talk to her direct as there is a harrasment warning out on her where she has been physically violent in the past. The irony is the sol costs she has paid far outweigh the amount of mortgage arrears. The amount she is trying to get me to pay amounts to about far less than she will pay in sols costs. Hey ho on and on it goes, i just want some sort of resolution. You really can not deal with some one that will not listen. My only goal is to be rid of this woman once and for all.

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06 Aug 12 #347731 by soulruler
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Well maybe as in a recent post Fiona pointed out that interim orders - I believe MPS is a type of interim order - perhaps someone would correct me if I am wrong - you should advise her that you will be applying for costs in accordance with FPR for self litigants costs in attending court and defending her application - I think Charles posted that self litigant costs in FPR have been increased from approx £9 per hour to £18 per hour.

Sounds like a shame that your stbx didn''t meet my ex (actually he is now married to my ex best friend - bad judge of character I am but attempting to improve)they might be a perfect match.

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06 Aug 12 #347736 by jerseygirl100
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06 Aug 12 #347738 by dukey
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I don''t know of a single case where an LIP has ever been successful in claiming costs, costs are so very rare in MPS even when without merit.

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06 Aug 12 #347740 by coasttocoast
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Thanks dukey, i have tried my best to resolve issues with stbx, offered her part of the money she is asking for re: mps.She wants the whole lot until the house is sold. My main concern at the start of this thread was that i would be hit with her costs, you have reassured me somewhat.

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06 Aug 12 #347743 by soulruler
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That''s a shame in a way not that I think the OP or his stbx wife need any more legal or moral punishment or that the OP would even consider that.

I had been involved in proceedings trying to escape my ex for 3 years and two years after the final hearing when we were into CPR not FPR in appeal and then all the other hearings before I decided to start claiming costs in accordancce with CPR which are based on 2/3 solicitor costs.

Hopefully if the OP is right and her solicitors are trying to reign her in they can be pursuaded not to apply for MPS on her behalf.

I just wish you all the success and knowing what a vindictive ex is like that she doesn''t prove as vindictive as mine has.

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06 Aug 12 #347745 by soulruler
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Maybe I am talking out of line here but I am still not entirely convinced that her sols are attempting to reign her in especially if you are worried that you will get landed with her solicitors costs - if they know the case has no merit they should not be applying in on her behalf and racking up her costs, depriving her of the money to pay the mortgage in effect, potentially continuing to affect your credit rating but essentially protracting proceedings when surely the way forward is not MPS but straight into FA and FDR to get a court order for settlement?

You can spend another year waiting for MPS and other court hearings and all the while her legal fees rack up and mortgage still continues to fall into arrears.

I appreciate what Dukey says that he hasn''t heard of a case in MPS where a self litigant has got costs but that doesn''t mean there hasn''t been one or that you couldn''t be the first.

In any case if you are wrong about her legals (I am not convinced you are right) then one thing is for sure you have no chance of focusing her mind and getting costs and no chance of attempting costs against her if successful.

I would be surprised if her legal team were successful (and why apply if you think you are going to fail) that they didn''t mention costs at the end of the hearing.

Having been to court and had gallaries of legal teams against me my experience is that they are always attempting to claim costs.

Some have even claimed and taken costs against me when there hasn''t even been a hearing! (legal speak costs follow the event which means you have a hearing in court and if you are successful you get a court order stating that x pay x costs - not you do not turn up in court and then take huge sums out of the defendents bank accounts without either that persons permission or a court order).

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