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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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Exchange of Form E - and the hard work begins!

  • leanng
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06 Sep 12 #354287 by leanng
Topic started by leanng
Finally got exchange of form E today..the day it was due in Court.

Well i was even more surprised than i thought i would be.

i handed in a file with all my documentation as required per Court. my ex''s .... well it had form E which had missing info... one bank statement for his chosen period .. healthy bank balance tho!!! payslips and P60s and thats it.

apparently he needs 3 bedroom house for himself (has little contact with kids thru his own choice) best bit was "i retire in 6 years and will have pension at 55 of 15k pa. forgets to mention he has second job and is also self employed and the fact he will receive a lump sum of £108000 from his pension!!!

Statement of issues will be fun. Any help or advice will be very gratefully received especially with the wording...

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07 Sep 12 #354357 by dukey
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The questionnaire comes first.

He must supply the last twelve months bank statements and CC`s if any.

The second unmentioned pension is undisclosed ask for the details.

How much overnight contact does he have?, he may not need a 3 bed house, that said he maybe planning decent contact once things calm down, its one the judge will have to consider based on facts.

The statement of issues is best completed once you have answers to the questionnaire.

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07 Sep 12 #354361 by leanng
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thank you

i need to sit down this weekend and go through exactly what i need to do next.

he has no overnight contact, he has never wanted it. At mediation he would only commit to Sunday afternoon for few hours with son but not every week. He sent letter last july to state he wanted no contact unless the kids texted him.

Things are getting progressively worse after 21 months... not better

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07 Sep 12 #354366 by dukey
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It often does, anyway given he has no overnight contact by choice his housing need is for a one bed not three, so question his stated capital need in form E, this is actually very important because future housing needs tends to be most most expensive need in form E.

If this ends in court get some examples of what it would cost for a one bed, get some fliers from estate agents to help the judge.

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07 Sep 12 #354369 by leanng
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thanks again.

i have already submitted fliers for houses for myself and 3 bedroomed property in area along with a report of average house prices for area for past year.

he has stated basically he wants 50% of equity as deposit..(98K) no other details other than 3 bedroom .. no reason why he needs 3 bedroom. he has also stated he want £7050 for furniture for his new 3 bedroomed house £7000 for legal fees!!!(despite nothing outstanding with solicitors) it just gets better...

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07 Sep 12 #354371 by dukey
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There is always a gaping chasm between what some one asks for and their reasonable need, if he does not have the kids overnight his actual need is a one bed, 7k for furniture (yawn) legal fee`s are his to pay unless a judge thinks otherwise, before a judge would make you pay his legal costs you would have had to really cheese the judge off.

Bring his down to earth a bit with the questionnaire and statement of issues.

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07 Sep 12 #354372 by leanng
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He has already syphoned money Off which he has used for refurnishing.

We both have solicitors bills cos of him not willing to come to an agreement. Diff is mine r outstanding.

His only offer is 50 per cent. He has sacked previous solicitor cos he didn''t like how she ran her business!!

What a weekend ahead!

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