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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.


Joint liability/ medical negligence

  • sthoseby
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27 Feb 08 #15163 by sthoseby
Topic started by sthoseby
i received my decree nici on the 19th of february of this year. in june of last year, i declared myself bankrupt, yesterday, i received a letter from my ex-wife's solicitor asking me to accept financial responsibility for half the joint debt. this was incorporated into my bankruptcy order and therefore i feel i have fulfilled my obligation to this debt. also, her solicitor asked me to inform them as to the outcome of my medical negligence case as i have cerebral palsy. where do i stand? there was no financial settlement in the divorce btw.

  • BVG
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27 Feb 08 #15164 by BVG
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Hi sthoseby, welcome to Wiki. You will find an abundance of friends, help and advice here.
The vibrations I am getting from your letter is that at some time in the future your Ex is going to try for a financial settlement based on any payout you may receive. The first try was obiviously the joint debt. I suspect her sol. might try something like Ancillary Relief proceedings. You haven't given much detail about your circumstances and settlement so far i.e the FMH etc. Did you use a sol. or was it a do it yourself. If you used a sol. have you consulted him. Did you negotiate a Clean Break?

Sorry about all the questions but it should start the ball rolling. Good luck

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27 Feb 08 #15167 by sthoseby
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hi,

i did the divorce myself, there was no settlement, it was a Clean Break so to speak. i was the petitioner, she did not defend the case, only acknowledged the receipt. the judge granted the Decree Nisi on the 18th of feb 2008, the negligence case is likly to go on past 2010 with the outcome still in the balance.

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13 May 08 #22306 by jay9376
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Just a thought.. as I am going through joint debt dilemna with my ex.. but I have read.. that if one party declares bankruptcy for any loans on that person's name, be it joint, the loan companies can not chase the person.

Interms of the joint loan, the loan company will then therefore chase the other person... just a thought... but as I am not an expert.. may be worth looking further into joint debt / bankruptcy, etc.

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