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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.


Financial Settlement needed - can't afford court

  • LittleSeaHorse
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27 Jul 17 #494888 by LittleSeaHorse
Topic started by LittleSeaHorse
I wonder if I can get some advice with regards to a pending financial settlement.
I am divorced but still haven't sorted out the financial Consent Order.
Due to the marriage ending up with huge debts which I am currently left to repay on my own, I am unable to afford a full court solution.
I am struggling to pay my solicitor as I am also paying two mortgages out of my wages.
My solicitor is trying to get me to agree starting court proceedings, but told me the bill could go up to £12000 or more, which is nothing I could ever afford.
If you can't afford a court resolution but cannot come to an agreement on a voluntary basis , can you just leave the whole thing ?
I do not know what to do really. I am still living in the marital property and paying two mortgages on it plus all other debts and bills, my ex has set up home with someone new and is refusing to make any contributions to marital debt etc. He bankrupted himself during the marriage and I bought him out to save the house, but he is still on the mortgage. My solicitor says it is unlikely we will reach an agreement without going to court, but I have no money to pay for that. So do I have to simply abandon this whole thing ?

  • Bubblegum11
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27 Jul 17 #494889 by Bubblegum11
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I think it's usually better to sort things out sooner rather than later. The property price could go up, you could pay off the loan or win the lottery and he could come back asking for a share.

I bought out the beneficial interest in the FMH when my ex went bankrupt and had a deed of assignment. My solicitor was of the view that 'need' would override the deed as it all goes into the pot for division.

You always have the option of going to court without a lawyer as a litigant in person. Many do.

  • LittleSeaHorse
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27 Jul 17 #494890 by LittleSeaHorse
Reply from LittleSeaHorse
Bubblegum11 wrote:

I think it's usually better to sort things out sooner rather than later. The property price could go up, you could pay off the loan or win the lottery and he could come back asking for a share.
.


That's my worry.
There is no equity in the property, he has twice as much in the pension pot and earns much more. He and his girlfriend just bought a 5 bed property and a large two year old BMW people carrier, but on his form E he is claiming it all belongs to his partner and he pays a huge sum every month towards the mortgage, therefore leaving him destitute on paper. Although his bank statements prove otherwise. He claims his girlfriend bought the new property on her own with an annual income of 30K and so on.
My solicitor says it is unlikely we will reach an agreement voluntarily with him and is pushing for court action, but as I said there is no way I can afford £12000 in court costs. It would appear those are just the court costs not the solicitor fees, which would be extra.
He is also claiming the property I am living in is worth far more than my valuations have shown. He has provided no valuations but just put a figure down and is claiming it is worth far more than it is. I have therefore been asked to pay for a surveyor, as well. It seems the costs are endless and I simply cannot afford to continue whilst he is living a quite comfortable life , having absolved himself from the past, leaving it to me to repay.
It seems the costs are completely prohibitive for people like myself.

  • wikiliki
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27 Jul 17 #494891 by wikiliki
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Hi I appreciate how frustrating this may be when the other half claims that they are destitute , don't concentrate what his other partner owns but what he owns ie Pension and remember your debt is part of the equation.

  • LittleSeaHorse
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27 Jul 17 #494893 by LittleSeaHorse
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I appreciate this, but the form E was supposed to be full, frank and truthful. It is none of these from his side and this now makes the whole process far more complicated than it needs to be.

I obtained valuations for the property and added them to my form E. He just made up a completely over-inflated amount which has no relation to any local property values or sold prices. But because of this the solicitors now have proclaimed the value is in dispute and I need to get and pay for a surveyor to establish the value once more.
The fact that he has provided no evidence for his stated value doesn't seem to matter.

I pointed out to my solicitor that she should be able to see by my form E and bank statements that I have no means to pursue this matter through court and we must try and seek an out of court voluntary resolution, but she keeps pressing for me to agree to start court proceedings.
I can't understand how she cannot see that there is no way I will be able to pay for that...

Anyway, I have written to her and told her that I cannot afford to proceed on a court basis, so asked her to write to his solicitor and ask some questions with regards to his form E and request evidence of his valuation. We need to come to an agreement over this.

But the costs are just mind blowing.

  • WYSPECIAL
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27 Jul 17 #494894 by WYSPECIAL
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[/quote]


My solicitor says it is unlikely we will reach an agreement voluntarily with him and is pushing for court action, but as I said there is no way I can afford £12000 in court costs. It would appear those are just the court costs not the solicitor fees, which would be extra.
[/quote]

Court fee is £255.

Represent yourself and the only other cost would be getting a Consent Order drawn up.

  • Bubblegum11
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27 Jul 17 #494898 by Bubblegum11
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I agree with the others!

You know you can't afford to fight this with legal help through the courts. But your husband also knows this. He will use this to his favour and assume a stronger negotiating position because he knows court isn't an option for you and he has you backed into a corner!

Sometimes starting court proceedings is enough to get the other side to sit up and listen. He may start taking things a lot more seriously if you issue proceedings in Court.

Court fees are £255. Let the solicitor go. Attend a MIAM, do your Form A and get yourself a hearing. As long as you have the time to deal with things yourself and are willing to read-up and get the information you need, you can do this!

There are plenty of us on here to support you and direct you to suitable resources. You should put some money aside in case you need to tap into legal advice further along the process in case it does become overwhelming. But I would get things moving in the Court direction as a LIP if I were you.

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