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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.


Without Prejudice offer for FDR

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10 Dec 20 #515056 by xbot
Topic started by xbot
I would like to know how to send the Without Prejudice offer for financial settlement for FDR, is there a letter or template to fill out? Thanks

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10 Dec 20 #515057 by .Charles
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A without prejudice offer is a letter setting out your proposed offer but marked 'without prejudice' at the top of the letter. There is no template as there is no standard form of offer.

Charles

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10 Dec 20 #515066 by xbot
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Is there a sample available? What points does it need to address?

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11 Dec 20 #515071 by .Charles
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There isn't really a sample as each is tailored to the case.

An example could be:

I propose that the court dismiss all claims against each other and there be a Clean Break.

Alternatively you could something like:

*The matrimonial home be transferred to the Respondent and the Applicant to have a 20% charge to be calculated on the net proceeds of sale.
*The matrimonial home be sold at the first of the occurring events: the death death or remarriage of the respondent or the oldest child reaching 18 years old.
*The Respondent retain his pension
*The Applicant retain her pension
*The Respondent to discharge the current outstanding credit card debts.
*Etc.

An offer can be simple or fiendishly complex which will depend upon the assets and liabilities. The most important thing is to tie up all loose ends - not necessarily in the offer but in the order.

The offer might not go into the mechanics of a settlement but you need to be mindful of any issues that might arise from settlement e.g. if a property is transferred the mortgage will remain in joint names so who is to be responsible for the mortgage payments once transferred?

I would seek professional advice as there are some things that are worth the price. I see it as an essential purchase much like using an architect to draw up plans for an extension - I can turn my hand to most things but I wouldn't want to mess about with structural alterations.

Charles

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