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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 going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Costs via mediation V costs via solicitor?

  • slowrunner
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28 Sep 09 #150352 by slowrunner
Topic started by slowrunner
Hi,

I've just started all issues mediation - had first joint appointment but no progress on what we could agree on. I've now completed all forms - including all finacial info & hoped to swop this at 2nd mediation appt but stbx husband postponed appt for 6 weeks. I've said I'll continue through mediation but expect all details exchanged at next meeting or I'll consider doing this via my solicitor. I get legal aid for mediation as I work p/t and have 2 young children.

Questions:

1. What costs am I likley to have if I use my solicitor to sort out finances & child issues rather than mediation - I can see him dragging the process out further.

2. I'm wanting to look at going for a Clean Break with regard to our FMH where I live with children (provided I get enough money to pay an extnded term mortgage.) Whats a fair split to offer as a pay out? He thinks 50/50 but I feel 80/20 is what I can afford due to my earnings. Marraige was 22 years plus 1 living together both contributed finacially. He left to live with new partner.

Thanks for any advise. X

  • dukey
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29 Sep 09 #150516 by dukey
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mediation is an opportunity to agree matters without using solicitors and court, advantages include saving time and potentially large legal costs,

Even with capped legal aid fee`s the cost can be high if the finances cannot be agreed and it goes to a final hearing you could have a bill of 10k, some much more, add to that the cost settling contact issues, well you get the idea........

The mediator will help you both see what could be a fair settlement for both of you, none here can answer b, without much more information such as the financial information the mediator has asked for.

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29 Sep 09 #150752 by slowrunner
Reply from slowrunner
Thanks for reply.

Is it up to me to propose a Clean Break & offer an amount/percentage to buy by husband out of the house or do we both merely fill in all the finacial forms and do our solicitors/courts decide on amounts.

Thanks alot.

  • markp
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29 Sep 09 #150754 by markp
Reply from markp
when i tried mediation, once we had established both our financial positions and the assets to be divided we where asked by the mediator to put forward what we thought would be a fair split and then talked about it untill we came to some sort of agreement and then we were sent back to our solicitors, this is where it fell done her solicitor advised her not to carry on, and we are now going to court.

mark

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