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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.

when its doesnt work

  • jemma12345
  • jemma12345's Avatar Posted by
  • Junior Member
  • Junior Member
13 Jul 20 #513271 by jemma12345
Topic started by jemma12345
Went to mediation last year, only initial first meeting. Ex only provided payslips and refused to answer most questions.
Now several letters back and forth, I earn a third of his wage and the main issue is equity of property our children want to live with me. The pot is not large but ex is just saying 50 /50 tough fight it if you want but you're not getting more.
My solicitor is saying since its been a year since mediation was used we need to go back but TBH i am really against this as i know my ex will just go thru motions with no intention of negotiating.
Can i just apply to court ? as we have asked for vol disclosure he won't form E he won't.
How hard is it to self represent ?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
14 Jul 20 - 14 Jul 20 #513280 by hadenoughnow
Reply from hadenoughnow
Financial settlement on divorce is needs based. The housing needs of any children are a priority. If the children and parent with the majority of care need more than 50% to be housed adequately that is a good reason for a departure from equality. This may be e.g. because the parties have different incomes and mortgage capacities.

The money may only be used temporarily; there can be an arrangement to sell the house and split the equity once the children are independent.

You do need sign off from a mediator before you can apply to court. This needs to be current (less than four months). This may be obtained via us quite inexpensively.

It is perfectly possible to self rep but it is important to ensure you understand the process and have a realistic view of possible outcomes. You can get lots of help here. We also offer a range of low cost services to support litigants in person. Give the helpline a call to see how we may assist.

Last edit: 14 Jul 20 by hadenoughnow.

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