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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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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.


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  • letty
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30 Aug 12 #352930 by letty
Topic started by letty
Hi

Can anyone help ? I am self reping and not doing to bad so far - thank you for the help given to me so far.

I have managed to get through the MPS hearing with an amount being awarded to me and the judge used this hearing as a form of FDR so I am next in court for a final hearing. (just waiting to hear from the court when this will be).

the question i have now is i have just received his replies to my questionnaire and he has said that due to cost of obtaining CETV''S for his pensions if I want them I am to give him the money for them and then he will obtain them.

It is my understanding that he has a duty to provide these - or have i got this wrong ?

Also he has refused to provide copies of other documents due to him having to go to the libaray and pay 10p a copy but if i want to see them i can go and have a look at the orginal if i want to.

Again I was under the impression that has he was to supply these.

His replies have given rise to further questions rather than answering any ! can I raise any additional questions for clarification of the orginal questions?

sorry for so many questions.

  • survive
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30 Aug 12 #352945 by survive
Reply from survive
He can''t charge you for information that he has to provide. That, unfortunately is his problem. If you are self repping, then it is his SOL who should be contacting you anyway and not him.

CETV valuations do not cost anything. However ''actuary valuations'' ( I''m not sure if I have got the name correct - they will cost) So it depends what he is having done

A judge at a FH will want the full value of all assetts including pensions

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30 Aug 12 #352948 by letty
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thank you for your reply.

STBX is representing himself - with guidance from a solicitor (apparently).

I will write to him again asking for the information as at the last hearing the judge said that clearly due to STBX''s attitude (he told the court that as i had a home (rented) and have furniture i dont need anything else i have got enough) the court is going to have to make a ruling - but i dont see how the court can do this without the valuations and other documents.

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31 Aug 12 #353143 by letty
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Hi all

note sure if anyone can offer any further advice on this because i have done some research today and not to sure whether i should follow up his replies in a leter pointing out that he is under a duty to provide this information or just wait and see what the courts make of his replies as i have read that the courts make take the view on his non disclosure as him trying to hide something or not be truthful and award me a higher amount that what i might of got.

but i really only want what i am due and nothing more.

his two pensions are the only assets really and he is still of the opinion that i am not entitled to anything even though the courts have ordered him to pay £400 a month mps and indicated that his pensions will be taken into account.

we have only had a MPS hearing and it was because of his behaviour at that hearing the judge said that we need to skip the FDR and move straight to the final hearing.(STBX is of the opinion that because i have a home (rented) and i now have managed to funish it i have enough)

found out today that the final hearing is listed for the 4 december and would really like this to be all over and done with on this day.

please can anyone offer some advice as i am acting alone and not sure what is the best way of dealing with this.

  • maisymoos
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31 Aug 12 #353144 by maisymoos
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Personally i would write a polite letter saying it his duty to disclose and remind him again what is outstanding (copy the court in too). You are then able to show that you made all efforts. Yes judges can make assumptions if info is not provided, but ideally getting the facts is the better option.

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