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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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Offer has been made n still FH

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13 Sep 12 #355602 by soulruler
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Oh dear, that sounds absolutely and totally stupid to me but then again so many things do to me.

I just do not see what the point is in vacating the house and leaving it vacant when it is home to you and the eldest two when they are home from Uni.

All I can say is keep your chin up (hard I know having been there over and over again).

I think you just have to calmly explain that the house is on the market and that you are doing all you can to get it sold.

Is it really sensible to leave a property vacant it could be subject to vandalism and in any case it only puts you in a situation of having to pay rent (and presumably carry on with the mortgage).

I do not know what else to advise you but maybe go to your doctors and get some tablets to help you through this.

As for costs - poor you I hope you do not get landed with them - is your litigation conduct that bad that it merits them - if it comes to that maybe tentatively suggest it isn''t.:(

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13 Sep 12 #355604 by .Charles
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The starting position is that each party bear their own costs.

If a party makes an open offer which is not accepted and the court makes an order in those terms or in terms which are better than those offered, the court can make a costs order from the date of the offer.

If an open offer is not made the matter will end at the final hearing. The problem here is that the legal fees will usually be taken into account in the settlement which benefits a person with legal representation but not the litigant in person. You need to bear this in mind as it might cost £10k to go to final hearing and that reduces the matrimonial pot accordingly which means that both parties lose out.

Charles

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13 Sep 12 #355609 by delta123
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The open offer has been made definetely but mayb a bit late that''s crucial pt u hav there about the starting pt everyone bears their costs I was looking at loopholes here that the stbx mayb awarded cost irrespective of my offer r there any loopholes at all legally to lose out big time on technicality?

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13 Sep 12 #355615 by delta123
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if I were to prepare my own statement for FH what sort of arguments will l have to focus on assuming that I will b given the chance to speak in I dont know what will happen really am a bit terrified to the bone with these proceedings mayb ur thots will buoy me on the day

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13 Sep 12 #355622 by soulruler
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You can put your thoughts down on a short statement of issues. Keep them short and relevent.

I am not surprised that you are terrified, I think the court process is supposed to make you terrified (that is only my personal opinion by the way - many people have a good experience of the court process).

Maybe an apology for not marketing the house sooner would be a good idea and confirmation that you are conforming with the direction to put the house on the market.

Perhaps a brief explanation of why you have not vacated the house would also be useful.

Just hang in there, hopefully charles will be able to answer your question on the further technicalities of costs.

If you have no assets apart from those tied up in the mh and you do get costs ordered against you maybe charles will be able to tell you whether the costs will come out of the sale (which I suppose they will) and whether if you get a costs against you whether they will all come out of any equity split that is to go to you or from equity split of both of you).

I have a horrible feeling that if your wife gets costs against you that they will come out of your part of capital from the sale.

I just do not understand why you have been asked to vacate the mh within 6 weeks - unless there is something missing it just seems unnecessarily punative both to you and the two grown up children.

I think it also might be helpful to show just how hard you are trying to get a quick sale, confirmation from the estate agents of viewing, making the house available and in a good state, that sort of thing.

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13 Sep 12 #355625 by delta123
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thank you man that was precision I miss the point I hope Charles is following along I can''t wait to hear u again Charles self rep is not an option for me that''s the only way I got Uni fulltime n my daughter in A levels my son in Uni it''s just a lot the two grown up children hav not spoken to their mother since the split two yrs ago she is not interested n neither have they been allowed to speak to their siblings living with her it''s horrendous to say the least I hav not seen or spoken to the kids either I am learning to live with this pain of late but ur thots n views are superb guys the asset we have together is the MH n individual debts no more

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13 Sep 12 #355674 by .Charles
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The crucial point is that your ex is renting and she wants her share of the matrimonial monies which are contained in the value of the property.

Is your claim to the property any greater than hers? Or to put it another way - is there any reason she should have to wait for her share of the proceeds of sale?

If your ex is already in rented property, she has already settled there. Potentially, an order for sale will uproot you and your daughter (and to a lesser extent your son who will be returning/off to university soon). This should be of consideration when the court makes an order.

There is also an angle that sale of the property will not benefit wither of you if it affects your entitlement to benefits. It sounds as though a sale will not allow either of you to purchase a property in which case the capital will be used up in rent and you will each receive nothing. It might be worth exploring the possibility of a deferred charge in your ex''s favour until you can each make plans for the future.

Charles

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