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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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IVA confusion

  • Annagrace1
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09 Jun 15 #462771 by Annagrace1
Topic started by Annagrace1
My husband is saying he doesn''t have to pay anything towards our divorce because he is in an IVA. Wondering if this is true? or just an attempt to make me pay.I filed my Petition yesterday.

  • .Charles
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09 Jun 15 #462778 by .Charles
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It depends what he means by paying towards the divorce - legal fees or the division of assets.

If he is on an IVA his assets are likely to be limited but that doesn''t meant you can''t sort these out.

Charles

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09 Jun 15 #462780 by Annagrace1
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There are no assets or joint money to divide. He say''s I should be paying all the legal/court fees for us both.

Doesn''t seem fair as he has a well paid job and I am full time mum to his children. I am having to borrow the money to divorce him.

He say''s the IVA makes him exempt from paying anything. The divorce is his fault and what he wants but he wants me to pay. Which I will if I must.

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10 Jun 15 #462813 by .Charles
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The divorce process differs from the financial separation process in that you can claim for costs from the respondent if you divorce based on adultery or unreasonable behaviour.

In relation to financial proceedings, as a starting point, each party will bear there own costs. If you are applying for an order you will pay the court fee (£255) and nothing else unless you instruct a solicitor.

Your ex will incur no fees unless he instructs a solicitor. If he does instruct a solicitor he will be expected to pay for the costs himself.

You will not have to pay your ex''s legal costs unless you are unreasonable - the test for which is very high.

It would appear that the IVA did not make your ex exempt from being a buffoon.

Charles

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