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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.


Maintenance pending suit

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06 Aug 12 #347749 by dukey
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Soulruler

As you will well know costs are reserved in most family proceedings and will almost certainly not be ordered after MPS, there would need to be exceptional circumstances, none disclosure ect, maybe I''m wrong and an LIP has won costs, having talked with many solicitors and a couple of barristers none know of any, that said it is probable given the vast majority of cases go unreported.

As for setting a president most people just want an end to proceedings so they can get on with life, I know I would.

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07 Aug 12 #347767 by soulruler
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Hi dukey

I totally agree that most people just want an end which is why I am worried for coasttocoast.

When I was talking about interim orders and remedies (actually about section 37 injunctions) and that as in family most people bore their own costs I didn''t know whether you could claim your costs if you were successful in either getting/enforcing or successfully having set aside a section 37 fiona pointed us to Part 28 Family Procedure Rules 2010 and said that she believed that normal FPR didn''t apply to interim orders.

I have just looked at that section and have to say it really confused me. I am not sure exactly what it is saying.

The real point for me is that coasttocoast stated that his wife hadn''t applied for MPS in a year of surviving on her own and they had similar incomes. ONE YEAR - that is what sticks with me. I recall when my divorce started that I thought it would all be done and dusted within a year - I hadn''t even got my Decree Absolute one year on, no financial contribution from ex at all and no way on earth that he was going to let me get away without screwing me into the earth (4 years on I can assure you that is how I feel).

I really believe that coasttocoast needs to take control here. He is basically being threatened with an MPS when what both parties in his separation need (whether his wife can see it or not and reading between the lines she isn''t interested in her own real needs and doesn''t sound interested in his) is a solution to their financial co-dependence.

I think a hearing regarding MPS would be a total waste of time. If they were divorced and separated in terms of Ancillary Relief they wouldn''t need an MPS. What coasttocoast should I believe be concentrating on is negotiation by consent (I think that pretty much 99% unlikely) or court appearence and adjudication.

His wife wasting more and more of her limited finances on legal representation to stop separation is a recipe for disaster for both parties and is not going to change coasttocoast quite rightly looking to get his name off the joint mortgage.

He has confirmed that he can''t negotiate direct and has a harrassment order against her.

Coasttocoast hasn''t mentioned whether he and his wife have been to court for a First Appointment or an FDR but he has mentioned that he has tried to get a sensible settlement and that he has made offers and agreed also to sort out the £3,000 debt in wifes name.

I don''t think he ought to run the risk of his wifes legal team applying for MPS when what should be happening both in terms of court time and the parties here is that any court time should be taken up sorting out permanent remedies rather than short term ones which neither party can really afford.

I would also say that although I couldn''t actually make sense of the section that Fiona referred us to that if the rule is that for interim orders the successful party is due costs that it is not for a judge to be subjective as interim remedies do hold up proceedings and cause cost in terms of finance and emotions to both husband and wife - lets not forget the children here (or for that matter friends and other family who are often affected by a difficult divorce).

Coasttocoast my thoughts are with you - I do think to a certain extent I know what you are going through.

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07 Aug 12 #347784 by soulruler
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I have been stuggling to work out the importance and difference between the application for interim orders which give a sort of financial remedy (only temporary) and finality in Ancillary Relief.

The main aim in getting through Ancillary Relief during divorce is to get to the situation of separating finances as soon as possible avoiding to many unnecessary costs and delays, stress both financial and emotional and for both parties to be able to move on with their lives.

If you google legal remedy you will see that the law takes a complex view on the subject (head spinning definitions).

It seems to me that remedy in legal or statute terms in ancillary relief should proceed with urgency to help both divorcing parties to maintain a level of solvency and not to be prejudiced and end up with bad debts or bad credit due to the conduct of one or both parties.

With that in mind if I were in coasttocoast situation I would be seeking for a final legal remedy rather than allowing his spouse and her legal team to protract proceedings with a costly and only temporary interim order which in any case the outcome is pretty dubious.

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07 Aug 12 #347785 by dukey
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Application for financial order or remedy is actually the term to replace Ancillary Relief, not that i can see any difference between the two, the procedure is exactly the same, what i have noticed over the last year or so is that FDR and FH seem to be being listed for much less time, quite a few FDR`s being listed for one hour some less, one wiki guy was in for less than five minutes for FDR, now that is odd, cost saving no doubt.

Interim orders are required when no agreement can be made and court are asked to help, given on average it can take around a year from start to finish interim orders will always be needed.

Interim orders can end by further order of court a sealed Consent Order a mutual private agreement or final order of court, oh and erm the death of the payer.

How often have we seen a woman of wiki with kids and no income and a guy who earns well but wont help, if it does go to FH the woman is going to need help.

As for costs i don`t know of any being awarded but then they are not reported in the lower court, if any wiki`s know of costs at MPS there are plenty who would be interested to know the circumstances.

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07 Aug 12 #347792 by soulruler
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Thanks dukey still trying to understand the costs implications and differences between the different types of applications available mainly FA, FDR and FH rather than interim remedies.

What I would be interested to know from the original poster, and yes I am a cynic, is exactly what his spouse has got for her money in £6,000 of legal representation bearing in mind that the OP has made what seem to me to be generous and sensible offers to get out of this situation.

Have have there been any applications for FA or FDR and if so what were the conclusions and was any progress made as a result.

It is sensible to negotiate without court appearences if you have a good solicitor or solicitors but at the moment I am not convinced that coasttocoast or his wife are being helped too much.

An hour or so in court with a sensible judge and all the relevant paperwork and coasttocoast could come out with an order requiring his spouse to sell the house and hence no more wasted solicitors costs.

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07 Aug 12 #347800 by dukey
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Not really no, if an agreement cannot be made you go through FDA FDR FH, final orders cannot be made during Directions hearings on notice or not.

So i suppose the main difference between the AR process (yes i know a now defunct term) and interim orders is AR ends with a final order but interim orders are like plasters (interim order) on a wound used to help until the doctor (final order) can heal you, for this reason interim orders don`t tend to be cost sensitive, even during AR costs tend to be retained in the application pending a final order, those made during AR tend to be due to contempt of court.

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07 Aug 12 #347802 by dukey
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Actually just throwing it out there, how about a slightly longer FDA, a slightly longer FDR and then a ruling, cut it down the six months rather than a year and try and cut out the Directions hearings.

From what i can see way too many cases go through with little actual money to argue over often led by legal aid, rather than end legal aid be more selective who qualifies.

I`m off to buy a flack jacked and hard hat.

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