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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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  • SilverFir
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05 Oct 12 #359530 by SilverFir
Topic started by SilverFir
I''ve started financial proceedings, first appointment in December.

STBX and I have finally managed to agree terms for selling FMH and it could sell before or during the proceedings (between court sessions).

STBX suggests net proceeds are held in some form of trust by his Solicitor (I am LIP) pending the outcome of the financial proceedings.

Presumably his Solicitor would have to play fair with this arrangement, so I should have no worries about them mishandling my share of the proceeds?

Should I be smelling a rat, or should I simply be relieved that the house might now actually go to market?

  • Stumpylad70
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05 Oct 12 #359534 by Stumpylad70
Reply from Stumpylad70
His solicitor is bound by law society rules. They cannot do anything underhand or illegal. SO I dont think you have anything to worry about on that point. The money will be kept in an account of the legal firms, not your ex''s so you are safe.

  • leanng
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05 Oct 12 #359537 by leanng
Reply from leanng
Maybe the solicitor dealing with the conveyancing is a more neutral person to hold the money if they are willing to...

  • SilverFir
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05 Oct 12 #359539 by SilverFir
Reply from SilverFir
Possibly but that could confuse the issue. The house is in Scotland, so we''ll use a Scottish solicitor for the conveyancing (they''ve already done most of the work from an aborted sale in the past); then the financial proceedings are in England and STBX has an English solicitor for that. It''d probably be easier for the Scottish conveyancer to send the funds down to the English solicitor to be held.

Thanks for the responses, both. I couldn''t see how they could pull a fast one, but thought I''d better check with the wikipeeps.

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