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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.


Aliment and finality?

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05 Feb 08 #12951 by peteringout
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Hi all,

Things taking a bit of a turn with me now. Wife says she might want to claim aliment as lawyer advised her that she should. I have agreed 75/25% split of the capital asset from sale of the house so she can buy property in her own right. Roughly £50k to me and £150k to her. Ok, I earn about 4 x a year more than her. Kids are all grown up. How much of my salary might she be entitled too? I have told her that if she goes for aliment, I will only agree to 50:50 split of the capital.

Also, in the Separation Agreement (not signed yet) it says the following: "At the expiration of 2 years from the date of separation OR on or before the 1st day of December 2009 the wife will raise an Action of Divorce at ?? Sheriff Court on the grounds of two years separation in a form to be agreed by the parties prior to issue. The husband will consent to the granting of Decree of Divorce in such proceedings, will confirm this consent as necessary to the Court and will not withdraw this consent. The wife will pursue such proceedings with reasonable speed. The costs of these proceedings shall be borne by the wife."

Does this mean we actually do have to divorce because we agreed to it in the separation agreement (assuming I sign it)?

Peter
:unsure:

p.s. I am in Scotland

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05 Feb 08 #12955 by Elle
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Peter,
Apparently u cannot get a div in Scotland until financial arrangements are concluded. From my experience....take a great deal of time checking any agreement....run it passed friends....solicitors often dont pay a lot of attention to detail and clculations....
Elle

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05 Feb 08 #12958 by peteringout
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Thanks Elle,

Not sure if that is reassuring or not? I want to see my wife OK out of this. But equally I dont want to be disadvantaged (despite my better earnings than her). The point you make about solicitors is most interesting though. Thats how it seems to be with my experience just now. Wife says he has her interests at heart, yet does not return her calls and is not that accessible. Also says we must use a lawyer!! I have advised her they usually operate on a fee of six minute intervals and that every time she makes contact she is clocking up money, probably about (minimum) £20 every contact and that she will have to pay this. She does not believe me!! What can I do?

Peter

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05 Feb 08 #12962 by Elle
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Peter,
Unfortunately when solicitors get involved its downhill for everything except their fees.....I am in my 8th year of litigation........the performance of all bar one sol has astounded me regards their deceit, lies, lack of prep, inability to add/divide correctly, ommission of impo details, shabbily produced documents, etc....onlt time matters have ever been dealt with in my 8 yrs was when i was self reppin and got past the sols and into the Court!
As to her not believuing you...all sols hand out their costs and terms at the outset.....so she will have their terms of business to refer to......it appears that sols tell clients they will get them the pot at the end of the rainbow, then do jack whilst the acrimony escales....sorry its all negative...but thats my experience
Elle

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05 Feb 08 #12971 by peteringout
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Hi Elle,

I agree, its all downhill with their involvement. Wife paid £94 up front and lawyer told her she is entitiled to legal aid because of her income. He did not tell her she would have to pay legal aid back though from final outcome. When I told her that, I recieved loads of abuse from her accusing me of intimidation, lying, trying to stop her pursuing action, etc. When she did ask lawyer he confirmed that I was correct (and it was in his terms of engagement letter). But wife still not happy and says that I should pay her fees as I earn more than her. I have told her to go to f**k as she engaged lawyer against my advice, so its her problem.

And yes, she cannot make contact with him, we cannot agree sale of house as he has not drafted separation agreement yet (supposed to have been done 3 weeks ago), therfore we cannot make offer on other property and loads of other stuff.

Peter

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06 Feb 08 #12992 by peteringout
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Hi all,

Awake early and hardly slept (no doubt many of you are in the same position). Sorry for adding to my own post but the more I think of it the less I want to do it. That is sign the separation agreement. Still willing to give wife 75:25 split in her favour from house sale and let her go her own way. But the thought of signing the separation agreement does my head in. Seems too final for me and I still want to try to rebuild what we once had. Wife says there 'might' still be a chance of that.

Question then, what if I refuse to sign, what then? Can wifes lawyer withhold proceeds from the sale of the house until I do? Take me to court? What options do I have?

Thoughts appreciated,

Peter :unsure:

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06 Feb 08 #12993 by peteringout
Reply from peteringout
Hi all,

Awake early and hardly slept (no doubt many of you are in the same position). Sorry for adding to my own post but the more I think of it the less I want to do it. That is sign the separation agreement. Still willing to give wife 75:25 split in her favour from house sale and let her go her own way. But the thought of signing the separation agreement does my head in. Seems too final for me and I still want to try to rebuild what we once had. Wife says there 'might' still be a chance of that.

Question then, what if I refuse to sign, what then? Can wifes lawyer withhold proceeds from the sale of the house until I do? Take me to court? What options do I have?

Thoughts appreciated,

Peter :unsure:

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