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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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without prejudice offers

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15 Sep 12 #356023 by coasttocoast
Topic started by coasttocoast
Hi can anyone tell me that if i make a "without prejudice" proposal to the other side, if it is initially declined can it be accepted at a later date ie; at the actual FDR hearing?



Thank you

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15 Sep 12 #356026 by soulruler
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Would you be happy that he accepts the offer at an FDR and do you think it reasonable or would you be making a different offer at the FDR?

Have you made any open offers to settle yet or has he?

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15 Sep 12 #356052 by coasttocoast
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I would be happy to settle with ex on this offer but i feel she wants to take it further and attend FDR. I feel i can offer no more as there is no more to offer. Can i make the same offer as an "open offer" to settle at or after the FDR?

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15 Sep 12 #356064 by soulruler
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I would say yes keep the negotiation open and honest, keep the offer on the table and in any case you will have a better indication when you reach the FDR, the judge may well make a direction as to what is reasonable, hopefully not far away or the same as what you are offering.

It is hard to look beyond FDR when you aren''t even there yet.

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15 Sep 12 #356118 by coasttocoast
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Once i get to fdr which is imminent, if the judge indicates that my offer is more than fair and ex still declines this proposal and wishes to take it to final hearing, am i then ok to put forward a lower offer as an open offer or do i have to maintain the previous unaccepted higher one?

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15 Sep 12 #356122 by soulruler
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I think if you get to the FDR and the judge indicates that your offer is a reasonable one and then your other half does not comply or you go off on a tangent and think about a less reasonable offer that both of you are going to be penalised in emotion and cost.


Hopefully the judge at the FDR will agree with you, if he does agree to his Directions and if you see no reason to dispute it pay out - so rescind and agree with the judge. It would take a very strong legal team to overturn not only a decision by an FDR judge but also total complience by the reasonable party in divorce.

What ever do not let matters run on unless you are sure that finances dictate that you cannot do other than contest, a few thousand pounds is no reason to stand out - it may be that the FDR judge stands out on a few points - work out in your own mind what that means to you both emotionally and financially. life is short remember that.

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