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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.


Offers before FDR

  • Thelastlaugh
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21 Apr 18 #500855 by Thelastlaugh
Topic started by Thelastlaugh
My stbx's solicitor has written to tell me that court rules require both parties to send to the other an offer of settlement before the FDR.

I had previously made an offer of settlement, which has not been responded to.

The court letter points me to FPR 9.17 (3) and (4) which states that the applicant must file offers and responses to the court no less than 7 days before the hearing.

Do I need to do anything or is it for stbx to send my offer to the court along with his own?

They have also sent a schedule of income, assets and liabilities for the husband. Do i need to do my own or can I if I want to? Our idea of house valuations differs quite vastly.

  • hadenoughnow
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21 Apr 18 #500867 by hadenoughnow
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If your valuations are very different, was this not picked up at the first appointment? It would be usual for a valuation by a chartered surveyor to be ordered if there is disagreement over value.

You should make an offer based on the financial disclosure you have had. This may differ from your previous offer. The schedule will assist the judge by providing a snapshot of the finances.

Hadenoughnow

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21 Apr 18 #500870 by Thelastlaugh
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It was picked up. We were ordered to have a formal valuation which was arranged by stbx solicitor. I didn't have the money to pay the fees up front and so they cancelled it and said I was going against the order. I wrote to say I am not refusing the valuation but I can not afford to pay as I am a single mum on SMP. He would not pay it up front to be reimbursed upon settlement so they told me to put the house on the market and he would pay the estate agent fees up front and be reimbursed later. If he has fees to pay estate agent fees then he has the money to pay valuer fees.

Do I need to make another offer or is it for the other party as applicant to file both offers?

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