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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.


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  • TMax
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11 Feb 08 #13480 by TMax
Topic started by TMax
Ok some of you have known me for a while and I dont ask questions often usualy sit here and stew in it, LOL.

Anyway just to make it as brief as possible, seperated 2000 divorced, 2004, X has been given her settlement figure had to remortgage house to give her what she wanted, she signed for it with soliciters, took money ran and we never got her to court, drunken years later comes back now wants more money and I have to go to court once more.

My question... should it come to the point that the court decides that X can have more money can X say I want part of his pension monthly ONLY or can I say this is what you can have in cash thats all thats on the table. Reason I say this is that it erks me to know that I may have to supply an alcohlic in booze money for the rest of her life. I think 17 years was enough.

Or shold I just tell the judge that he/she can be responsable for that decision I wont make it, perhaps the kids can take the judge to court for the being a cause to her demise in granting such a thing.

Be well people its nearly friday LOL

Callum

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11 Feb 08 #13552 by mummybear38
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Hopefully Mike or Atila will be able to help you with this one.

It seems unreasonable for her to come for a second bite of the cherry so to speak, presumably your children are independent now as I can't see a Judge agreeing to fund her alcoholism either.

Has she come to you directly for more money ? Do you pay spousal maintenance at the moment ? If not, I would think she doesn't have a case to come back to you now.

Kind regards,

Jeannie

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11 Feb 08 #13566 by Jacko
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Sorry to hear you probs SK what you need is a clean brake order. Was there a reason you didn't have one when you went for AR during the divorce?

As far as her entitlement to pensions goes she shouldn't be entitled to any thing you've accrued after the divorce.

see you in the chat room soon.

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11 Feb 08 #13604 by TMax
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Hi Im back :)

OK FH didnt take place because sols handed over agreed settlement she wanted and X dissapeared so not able to get her to court to do FH.

Kids are out off the scene so to speak in there 30s now but flown the nest.

Pension was already in payment at the time, then in 2004 went up by £130pm after DA.

Because of high amount of money/debt that X was happy to leave me with on joint cards and cash taken out of account emptied... she signed sols agreement as to the cash she wanted for settlement stating she didnt want pension or house, so signed house over to me to remortgage so that I was able to give her cash quickly instead of waiting to be sold. Then X did that disapearing trick again and came back in 2006 blown all the cash and wanted more.

Excuse of sols that they gave her the cash as she stated she was leaving and going home off the scene.

Her sol knew she was a dependant alcholic yet let her sign the agreement, of course her sols dumped her as she would never turn up for appoinments apart from when she was to sign for her cheque.

Went back to same sol and put in further claim saying that due to her dependancy and depression she didnt realise what she was doing.

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