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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.

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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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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Divorce costs allocation - adulterer

  • Ataylorrl
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18 Jun 12 #337491 by Ataylorrl
Topic started by Ataylorrl
Following a stormy marriage of 22 years, STBX ran off with my friend.

He has not worked due to disability/ illness for 3 years and spent many more before that on the sick.

I earn a good wage and am currently paying all household bills and mortgage/ secured loans/ CC''s myself without support from him. I have reached crisis point and have missed a mortgage payment this month.

I have a new partner and want to move on but the house isn''t selling! I also have pets which will limit my rental options, so I am reluctant to abandon ship just yet. Proceeds of sale will just about cover debts.

If I start divorce proceeding through on-line service, can a claim for costs be made again STBX since it was him who instigated marriage breakdown or does he have to divorce me? He will likely qualify for legal aid.

Any advice would be appreciated because this is very new and scary to me.

cheers ( I haven''t hit the bottle yet)!

  • LittleMrMike
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19 Jun 12 #337512 by LittleMrMike
Reply from LittleMrMike
Er - perhaps I have missed a great truth, but if you have a new partner, isn''t it equally possible that he might want to divorce you for the same reasons ?
It is not uncommon to claim costs where the grounds for the divorce are fault based, of which adultery is an example. However if he is legally aided that implies he has no money worth speaking about, so could he afford to pay costs anyway ?
Bu the way, you have to draw a distinction between costs in connection with the Petition and costs in connection with the financial proceedings ; with the latter, it is normal for each party to pay their own costs.
LMM

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19 Jun 12 #337518 by dukey
Reply from dukey
When a marriage has ended and both have new partners for most its best to divorce and end it formally, its also very important to agree the money side with a Consent Order.

Now you maybe thinking your ok because your husband left you for another, but take Mikes warning he may well divorce you and try and claim costs probably using unreasonable behaviour, it happens all the time, a person ends the marriage and then divorces their spouse with often dodgy allegations.

A small word of warning about online divorce services, find out who they are, does a solicitor do the work from start to finish?, are there complaints online about the service, ok so i`m biased i happen to think the wiki service is by far and away the best service around, plus it is the only online service that receives government funding, that alone says a great deal.

  • Ataylorrl
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04 Jul 12 #341168 by Ataylorrl
Reply from Ataylorrl
Thanks both forthe replies but my question still remains.

If he were to divorce me his earnings are below te threshold and would therefore get full remission.

Therefore, as it was his fault the marriage vows were broken, can I ask that he sorts the costs out and applies for remission?

Thanks in anticipation of your advice.

  • LittleMrMike
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05 Jul 12 #341359 by LittleMrMike
Reply from LittleMrMike
Not completely sure, but let me add a warning.

If he is on Legal Aid and is awarded costs, all that means is that the Legal Aid people have to pay £300 or so less.

LMM

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05 Jul 12 #341374 by Ataylorrl
Reply from Ataylorrl
Perhaps I am being thick but didn''t realise Legal Aid was still around except for very few people.

Is legal aid the same as remission? Perhaps too many old and new names all meaning the same? Confused.com. But thanks anyway.

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