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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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27 Apr 12 #326807 by dukey
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Its best to stick with your solicitor they have the file they know all the detail, on wiki we are working with only a few lines of info.

1. The valuation was agreed you both had solicitors why would a judge order a new valuation? its unlikely, your ex will not agree.

2. No chance, you have a sealed order the judge could not transfer the property to you even if the judge thought it proper.

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27 Apr 12 #326808 by stressed1
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Dukey,

That is what my solicitor is advicing I do. I am very confused. What were you suggesting in regards to Directions from the court by the way?

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27 Apr 12 #326816 by dukey
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I think i must be missing something here.

You have an order is the order stamped on the front with a court seal? if it is you face an uphill struggle.

The first job would be to have the order set aside, in plain english you would have to persuade another judge to tear up the agreement and in order to do this you will need a very strong reason.

If you succeed you then need to apply to the court for a financial order this then begins a set of proceedings in court to decide what should happen with the marital assets usually based on who has the greater need, childrens needs come top of the list more often than not.

The only point at which a judge can make an order regarding assets in your case who gets the house or if it should be sold is at a final hearing.

So you have

Full financial disclosure ordered by court

A first Directions hearing which is usually short

A financial dispute resolution hearing which is a negotiation with a judge

If still no agreement can be made a date for a final hearing is set

The final hearing is a formal trial at the end of which the judge hands down judgment, he/she says who gets what or what should happen

From start to finish this can take a year, if you use a solicitor it can easily cost £10,000 some a great deal more.

Has your solicitor explained all this?.

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27 Apr 12 #326819 by cookie2
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I am a bit confused OP, what exactly is it that you want? You just want your money from the house right? Does it really matter to you, whether this £X comes from a buyer or from your ex?

Why don''t you just go to your ex and say "If you give me £X then I will give you the house, to do with as you please, sell keep burn it to the ground whatever".

Sounds like it could all be sorted out with a sensible bit of talking rather than all this messing around with courts and solicitors and stupid ideas about buying his own house.

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27 Apr 12 #326829 by stressed1
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Thanks, looks like I am stuffed really! and my children and I will be on the streets. I have been badly let down by solicitors, perhaps my naivity did not help! I am fighting to maintain my home as the basis of the original order was based on a higher valuation of the FMH. Solicitor was reliant on us to provide valuations - and the valuation was wrong, so the whole basis of the agreement was set on the wrong asset value.
Thanks for your assistance.

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27 Apr 12 #326830 by stressed1
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I would also add that the higher valuation provided me with sufficient equity to move. The market fell and I lost out. As literally months after the order my ex applied to court to force the price down. The solicitors did not get any formal values of the property and as the property was on the market during the divorce proceedings they did not question the value. My ex also insisted on a lump sum so he does not lose, I do however. My solicitor did not forewarn me about lump sum vs percentage.

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27 Apr 12 #326832 by dukey
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In order to get Directions one of you must have applied to court for a financial order, is this the case, if so did you attend any hearings apart from the directions relating to property value, did you both complete and swear form E?.

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