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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.


1st and last joint session

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25 May 10 #205606 by insane
Topic started by insane
well i attended mediation last week first joint session not a pleasant experience managed to sort nothing out even after 18 months not speaking to each other the mediator advised we go back to the solicitors any one advise me what happens nxt when you cant reach financial agreement im so fed up off all of this now and have been feeling very down hence taking a couple of days before posting this

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25 May 10 #205611 by hawaythelads
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Insane,
If you can't talk to each other at all you won't reach a settlement.I don't know if that's driven by one of you being hurt and so angry you can't talk or whether it's motivated by one of you just being super greedy on wanting like 100% of the marital assets.Whichever it is a mediator can only mediate,it is up to the two people divorcing to talk about the asset split and be a bit cooperative,the mediator can advise when someone is unreasonable or their expectations are unreasonable.You two were obviously both so intransigent that she has told you she cannot help you and that you had better sort it out through your solicitors.
I would advise you now to stop spending money on solicitors letters tell your solicitor to get it into court ok it's going to cost you both approx £15k each if it goes to a final hearing but at least it will get a timescale on the proceedings and sorting out the finances.
All the best
Pete

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25 May 10 #205617 by ldg
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I was in a sililar situation and invited my husband to go to mediation initially but he was advised by his sol that it would be a waste of time. I didn't understand it at the time but then realised that he was intent on keeping virtually all our assets and thought it was his right! Of course, it wouldn't work so I started the divorce process and Ancillary Relief. It was the best thing I could have ever done as he dragged his heals all the way right up to the last week before final hearing. He just wouldn't listen to anyone including the sol until he went to see a barrister and that did the job. The cost was similar to Haways estimate but sometimes you just have to spend some to get what you are entitled to.

Hope this helps, sorry am in a rush to get out this morning.

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25 May 10 #205623 by insane
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many thanks to you both for your speedy replies i dont have an extra 15k so this should be an experience im never gonna forget he is intent on taking as much as he can from this so if i advise the solicitor to take this to court how does it work does the judge decide who is entitled to what share of the assets ?
i have offered 40 % cash payment of what my house is worth and half of my pension my ex has no job pays nothing to the house and minimal csa for the children i am paying all bills on former matrimonial home and keeping both children they have no overnights with there father.
he has the car his belongings tools worth 3k and we have allready halved the savings we both had i still live in the former matrimonial home with my children and have most of the furniture also
he is asking for 60 % of the properties worth in cash and half my pension hence no agreement at mediation my solicitor advised she believed i had made a fair offer however i am concerned the more this goes on the more the legal people stand to make

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25 May 10 #205629 by hawaythelads
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I know it's about applying for Ancillary Relief by submitting form a that then timetables the event to go to court.form E's have to be filled in also.It will only cost you £15k if you are represented by solicitors and barristers all the way.if you represent yourself it will only cost you a few hundred pounds for court fees.Your solicitor should be giving you better advice than this.
All the best
pete xx

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