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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.


Provinsional final hearing

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21 Jul 12 #344509 by delta123
Topic started by delta123
I hav been given a provisional date for a final hearing 09/12 but I want to make an offer to my stbx can anyone help write this letter those with legal competency in terms of the language as l self rep I am a student and find it difficult to write proper letter of offer the judge indicated clearly what might happen on the FH which l don''t intend to involve as the issues in my case are clear judge said we need to sell the house so we can both meet our housing needs we three chn l ilve with one who is in full time education n turns 18 in sep 12 she has 2 kids 11 n 15 help me also make an offer of how much in% does each get from the equity which is £33000 minus say £7000 of costs and charges houses are slow at the moment I don''t know if I want to mention that as well in the offer but we don''t talk at all so I just hope she will want to move things forward as well help anyone please

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21 Jul 12 #344513 by delta123
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Anyone to help out there

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23 Jul 12 #344816 by delta123
Reply from delta123
Anyone pliz to help n give some tips

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23 Jul 12 #344819 by maisymoos
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Hi Delta

A judge at final Hearing would expect you to have made at least one open offer. An Open Offer is one that the Judge will see if it goes to Final Hearing. If the Judge considers that the open offer should have been accepted by the other party, costs may be awarded. The open proposal needs to be sent to your ex''s solicitor.

You could start like this:
"Further to the Financial Dispute Resolution on..........I put forward the following open proposal:

It is proposed as follows
1) The Former matrimonial home (address) should be placed on the open market for sale at an asking price of...........On completion of the sale after selling costs are paid equity will be split (insert percentage split)."


Is the house the only asset are there pensions? What are your respective incomes. The house is just one of the items that the offer should cover.

Hope that helps a bit for starters

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23 Jul 12 #344828 by delta123
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Yes there are a few other bits but not significant in terms of money involved my pension is just under 3yrs she has no pension but has a business started recently which l hav asked for more information we have until 17/ 08/12 to respond to each other questionnaire the biggie is the house and thank u very much also the provinsional FH is it something I can do to stop happening now since l agree to sell coz the judge said if the case goes to FH I might b ordered to pay her costs but I want to accept what the judge recommended n sell the property or buy her out now whichever it will b that releases her from the joint mortgage once again I am so thankful

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23 Jul 12 #344831 by maisymoos
Reply from maisymoos
If she accepts the offer then a Final Hearing will not be necessary. If she doesn''t and it results in a Final Hearing and the judge views that she should have accepted the judge may decide she needs to pay your costs.

I know you say pensions are minimal but I really would cover everything in offer.

e.g

respondent/ Petitioner to retain his (name of pension scheme)pension.

or

"all pension provision should be divided equally by way of pension sharing order"

Wife to retain full interest in business (state name)

These are only examples as to wording and are not a suggestion to how assets should be split. if you are unsure what the judge may consider fair you would need to post more details
e.g length of marriage including cohabiation
respective ages
Children and ages
Equity
Other assets, savings share etc
Respective Incomes including benefits
Pensions and their values.

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23 Jul 12 #344838 by delta123
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Thanks here are a few more details married 20yrs am 44 she is 46 equity is 33000 minus charges 2% n mortgage arrears of £3800 am full time student have part time job of £10000 a yr roughly plus benefits for my daughter CB £80 a mnth TC £77 a week she earns £33000 including benefits that''s what she has said a yr we hav 3 kids 11, 15, 17 turning 18 in sept 11 n 15 yr live with her l hav the older one n live in MH she rents I finish my course next yr sept it''s a masters 18yr old is still in full time edu hope this helps if more needed pliz advise thanks I await my pension info hav not yet heard from them yet her legal is aware of this tho

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