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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.


Anyone know what will happen?

  • NoWhereToTurnl
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19 Jun 12 #337535 by NoWhereToTurnl
Topic started by NoWhereToTurnl
Hi everyone,

With just a week to go before attending court (exh as applied for variation of SM - he wants order dismissed)he still has not filed his form E!

I am getting very anxious about it, getting worse with each day. I filed mine 24/5/12 but as his solicitor has failed to even respond to my sol''s letter re exchanging Form E''s, we have not sent them mine.

He was like this through-out our divorce which resulted in escalating my legal costs, we went to a final hearing last time!

Will the DJ refuse to see us, might my ex be ordered to pay arrears and reinstate payments until everything is finalised? I am seriously running short of money and worried about defaulting on my mortgage. If I have to wait 5/6 months for the next hearing I will go under.

Any advise/experience of this situation greatly appreciated.

:(Thank you.

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19 Jun 12 #337635 by NoWhereToTurnl
Reply from NoWhereToTurnl
BUMP

I really am having major anxiety about this, please help.

  • maisymoos
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19 Jun 12 #337636 by maisymoos
Reply from maisymoos
Hi Nowhere to turn

whats his reason for applying for a variation? has his financial position changed considerably.

Do you have a term order or without bar?

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19 Jun 12 #337661 by NoWhereToTurnl
Reply from NoWhereToTurnl
Thank you so much for replying Maisy,

I was at a point of giving up, I have tried to help others but to be honest have not received it back until you. to answer:
35 yrs together, married
divorced May 2005
he adultery, can proof bought home with her 2004
Awarded SM £xxx for life, no bar
me 59, him 65
DJ aware he was near retirement
Major assets, him high earner, top NHS GP earner.
I supported him through medical degree
Supported him through GP training.
and so much more but had mental breakdown, I worked full time in charge of Intensive care before he even started his medical degree!
One child, supported her through 2 degrees, she has passed and now a doctor.
I left everything alone and all I got from £35 yrs was FFM and a mortgage of £90,000 to buy him out.
Whilst together we bought the surgery, joint mortgage, all paid off 2005 (May)
I know I lost out in divorce but have struggled and do not have any heating.
I got a letter from his sol early May saying he had no intention of paying SM, he has since paid nothing! The sol also wanted me to sign a form dismissing him from his liability under the order. Court were aware he was going to retire, he in fact raid he would do it at 60.
Think I have been stitched up, my new sols are going for capitalisation or lump sum & pension sharing order.

He has had a dicky fit, no idea that his application to have the order dismissed could want him to fill in the new form E, including OW assets.

He has therefore failed to file his Form E and although his sol contacted mine, requesting I halt everything because a settlement would arrive the next day, have received nothing since March. Sorry if that is muddled, really not doing well.
X

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19 Jun 12 #337679 by NoWhereToTurnl
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Just want to give up now, I have tried to help others but tonight I am beside myself.

Another night of no sleep, abject anxiety and why carry on!

This site is obviously great, helps a lot of people but, if you keep your counsel, try to help others, then you get ignored.

Best of luck all. I had a lot to offer but tonight I needed some support, thank you Maisy, you were the only one.

Good bye.

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19 Jun 12 #337687 by happyagain
Reply from happyagain
Nowhere to turn, I can see that you are worried about this but, as you will see on this site, sometimes it takes time for those people who are experts in what youw ant to become available. I for one have only just sat down after working all day, collecting my children and putting them to bed.
It is wrong of you to suggest that people are deliberately ignored, that is simply not the case.
Hold on a bit and someone who actually knows the legal side of things will be along in a bit to help you.

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19 Jun 12 #337713 by Fiona
Reply from Fiona
Take big breaths. It maybe that Form E arrives at the last moment and if it doesn''t the court could possibly make an order for deductions from his earnings. Unless someone has a very good excuse the courts tend to take a dim view of someone unilaterally deciding not to pay.

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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