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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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FDA - Questionnaire and Statement of Issues

  • leanng
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23 Sep 12 #357415 by leanng
Topic started by leanng
Today I will be completing the questionnaire and Statement of Issues.

Thinking ahead, does the Court look at the financial position at time of separation or form E''s submitted.

Separated 22 months, divorced over one year.

Voluntary disclosure done over 18 months ago but ex refused to negotiate settlement hence Court.

Position changed now.. FMH sold, equity held with solicitor, pension report completed, all joint accounts closed.

Currently live in rented with 3 children (2 dependent). Ex lives in rented, has little contact with kids (his choice) and no overnight contact.

My form E now shows i am £8000 in debt due to solicitors bills and moving costs as ex refused to make any mortgage payments.

Ex has quite a few thousand in bank, new car, rent paid in advance, all solicitors bills paid, holiday in Oct to Goa and Australia and 2 week holiday earlier in year to Spain. Believe ex
hid money after separation but believe he has put it back into his account after Absolute granted!!!!

Any ideas??

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23 Sep 12 #357417 by dukey
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Much depends on how long you were married, given you have three children one now over 18 and assuming they are children of the marriage then the court will be looking at all you have, the fact you have been separated a while will make little difference, it sounds very much like a case of needs, which most are.

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23 Sep 12 #357425 by leanng
Reply from leanng
Thank you. children are of the marriage.

Relationship 24 years

married 19 years - cohabited 3 years prior to marriage and first child born prior to marriage

Not worried about housing oldest...

only looking to house dependents.. more interested in current assets.

I was quite happy to just look at splitting equity and pensions as they stand but ex has now brought in assets on his form E that do not exist... for instance i had a horse trailer that was sold sept 2010 prior to separation. money was disclosed in voluntary. horse that belonged to eldest daughter that she bought! he s also put car loan in form e that he wants settling despite this being bought after split! But funnily enough has not disclosed all the money he took at time of separation...

His form E is minimal and out of date.... he has just copied original voluntary one

Just want out and away from him....

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