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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.


Settling a finance issue after Divorce

  • Goodtimes1
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26 Aug 15 #465973 by Goodtimes1
Topic started by Goodtimes1
Is it possible for me and my Ex-husband to go to court over a financial issue - eg. do the family courts have an equivalent to the "small claims court" that businesses us? We were divorced 3 years ago and the amount is approx £12k. He is refusing to discuss it or find a solution so this is the only option left.

  • LittleMrMike
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27 Aug 15 #465999 by LittleMrMike
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Since you don''t say what the issue is, I can''t advise as to whether the law provides a remedy.

No, there is no such things as a small claims court in family law.

Even where family law applies, you are not excluded from pursuing other rememdies open to you under the general law.

It is possible in theory for one of you to make a late claim against the other under family law, but three years have elapsed and if you are going to do it, you should not delay further.

LMM

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27 Aug 15 #466016 by Goodtimes1
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Thanks LittleMrMike,

How does a late claim work, is there a criteria for it?

In a nutshell, 3yrs ago we divorced and I had to remortgage to pay him £70k but he wanted another £10k, this was all in Consent Order. 3 months after he left I lost my job thru sickness, and nothing has changed. I have no capacity to pay and doubt I will for many years. I''ve been able to keep my head above water with my 9yr old, but only just. Despite this my ex constantly hassles me about money, even though he hasn''t paid a penny towards our child for over 18 months. (I know that''s separate issue to this but he doesn''t get the irony). It''s stressing me out beyond belief and, as he will never ever negotiate I''ve suggested that we could get this in front of judge and enable me to plead my case.

I just don''t know the process.

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