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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.


Do you need help sorting out a fair financial settlement?

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.


At wits end

  • dukey
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26 Sep 12 #357882 by dukey
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Wiki calling sadie, help.

  • cliasmol£7
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26 Sep 12 #357885 by cliasmol£7
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Dear D,
Many thanks for your post.
I have majour problems with Solitors @ best of times, see post aboutdodgy s mark 1
I now feel so dosgy close to implosition
Many Thanks for listening to me

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26 Sep 12 #357887 by Fiona
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sunday lunch, who told you only the pension accrued during the marriage will be taken into consideration and how long have you been separated?

Pensions and equity aren''t treated in the same way. In England & Wales when separation was just a year or so it''s likely the value of all the pension fund would be shared. If the separation is longer then only the pension accrued during the marriage is likely to be shared as the pension has increased because of the efforts of pension holder alone during the separation.

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26 Sep 12 #357898 by sexysadie
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Sundaylunch, I agree with Fiona. How much of the pension is taken into account is something that is up for debate in England and Wales. In my own divorce I managed to protect the five years of my pension post-separation but not the thirteen years before we got together. However, he had quite a reasonable pension of his own and had continued to pay into it throughout the marriage. So if your ex''s solicitor is arguing that the years since separation won''t count you can argue against that.

Cliasmol7, I understand that you are wary of solicitors, but I agree with the others that you really need to use one. Your mental health, the amount of money involved and the fact that your ex is both hiding money and trying to do you out of your fair share all point to the need for a really good and experienced solicitor. You need someone who has the skills and experience of how the law works to make sure you interests are taken into account and that your health is properly presented and evidenced. You also need someone to protect you from your ex''s excesses as he is clearly vindictive.

You wouldn''t necessarily need to use someone really local to you - you could go to your nearest largest town or city if necessary.

Best wishes,
Sadie

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26 Sep 12 #357921 by cliasmol£7
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Dear Sadie,
Many thanks for your response.
Solicitor mark 1 was "top " most expensive solicitor in the town, she lasted less than a week as was us and a rip off merchant.
I am now using a firm 30 miles away, only because when I was @ work had dealings with this girls partner, who is not a family solicitor.
Solicitor mark 2 is a lovely lady, and I need that @moment as so terribly upset, she said that there was no value in seeing her again until I had some sort of financial disclosure from husband,
Many Thanks

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26 Sep 12 #357929 by cliasmol£7
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Many thanks,be it that my GP is lovely, I would agree that specialised medical evidence is required.
What I plan to do is get 2 medical reports, one from my former NHS Psych, who specialises in BPAD, retired a couple of years ago, and now works @Priory.
A second report from current treating NHS Psych, both these blokes will say the same things, but will sound very different, as they have very different personalities.
Do you think that the above will do ?

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26 Sep 12 #357953 by NoWhereToTurnl
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Hi,

I also had mental health reports from a number of leading consultants who had input into my treatment. They were all well respected and professional but, my GP exh refused to accept the reports.

The DJ ordered a jointly appointed report by an "expert", we jointly paid the fee.

I found it very distressing having to travel long distance, see an unknown person and subject myself to two hours of assessment but it was worth it in the end.

The exh tried to keep it out of court, tried to discredit it but to no avail.

On a lighter note, the assessor was very nice and explained that she usually prepared reports for the crown prosecution in murder cases!

Good luck,
NWTT x

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