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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.

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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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court process

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25 Aug 12 #351954 by coasttocoast
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Can anyone give any views why do people take the Ancillary Relief court route to finalise all financial matters between the parties when the amount of money they are likely to achieve will be less than the amount they will be left with once their solicitors bill has been paid. In fact once their solicitor bill has been made there may be a deficit.
Are all divorces so acrimonious that the person persuing this route has to have the last word at any costs.
I wondered why my ex is doing this, particularly so as i am self repping.
Any views will be welcomed, not that i will ever understand ;)

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25 Aug 12 #351957 by Action
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Unrealistic expectations after being advised by a solicitor maybe?

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25 Aug 12 #351958 by coasttocoast
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It is so very bizarre as we both earn similar incomes, if anything she has the larger pension and hers is final salary.
There are no dependant children to consider, i imagine all will become apparent eventually. Wait and see what happens at FDR i guess.....

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26 Aug 12 #351960 by Action
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Are you very far adrift in your expectations?

Fighting for this through court as a ''matter of principle'' is like giving yoru solicitor a blank cheque. I just don''t understand why anyone would want to put themself through the stress of it all unless their future financial security was genuinely in jeapordy and they really, truly believed that Court was the only way.

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26 Aug 12 #351961 by coasttocoast
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The only stumbling block at the moment is that ex wants me to contribute to the mortgage for an indefinate period of time until the house is sold. It is my belief that if i agreed to this she would never sell despite the fact she cannot afford the mortgage on her own.I left the FMH over a year ago and at no time as she attempted to market the property. Unfortunately the mortgage now has arrears.
All equity that is in the house currently (about 50k) i have agreed that she can have in full, however if she continues as she has been all equity will start to diminish particularly if house is repossessed.

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26 Aug 12 #351990 by Action
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Oh dear, I hope she wakes up to reality soon. As you say, there''s not enough in the pot to be going to court for. At least the court should be able to force a sale though, or judge at least tell her that''s what''s likely to happen. Hope it''s not too long to wait.

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26 Aug 12 #351995 by dukey
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Why people do it, many reasons but they often don`t have that much to do with getting a fair settlement.

Some use proceedings to punish an ex, which frankly is very stupid, but emotions often run high.

Some have a totally unrealistic expectations and ignore even the advice of their own solicitor.

Some argue over daft things, at one final hearing both sides fought over who would own a kitchen dresser, the judge even included it in the judgement, all he said was it was his mothers he keeps it.

Most of the silliness ends at FDR once you have a judge to give direction, those who decide to ignore the judge and force it to FH over a silly matter risk costs, so at least there is some sanity it what can be a insane process.

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