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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.

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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.


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Husband gone against what agreed at mediation

  • vkitten
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22 Jan 11 #246963 by vkitten
Topic started by vkitten
We have had several mediation appintments and eventually agreed on Weds 19th Jan, to a 65/35 split of assests-(only about 65k). I wanted 70/30. We have a 4 year old son who will be living with me. Today husband announced he had closed ISA and transfered 50% to my account. I said thats not what we agreed. He said the iSA wasn't in the assest sums. I said it was and the sums prove it was.
What shall i do? He has broke our agreement already. Shall i just go to my solicitor and say proceeed with court now, because he not done as agreed. I am so angry.

  • Itgetsbetter
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22 Jan 11 #246970 by Itgetsbetter
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Hi kitten

An agreement in mediation is not legally binding until it has been written up in a Consent Order. As to what you do next really depends on how much was in the ISA. If you go down the solicitors and court route it will cost you a fair bit, and that may be more than 15% of the ISA.

It is one of those things that it may be better to just grit your teeth and forget about.

All the best

IGB

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01 Feb 11 #248911 by Imediate
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I have only just read your posting. IGB isn't necessarily right - it depends on how the mediation finished.

If it was with a Deed of Separation or Separation, then this is a legally binding contract, and you could take your husband to court to get matters put right.

If it was with a Memorandum of Agreement, then IGB is correct. This document simply reflects what was agreed and has no legal standing, but would provide the basis for the wording of the Consent Order which would go through the Court. The Court would then enforce any breached of the CO.

However, one thought strikes me - as there is a legal requirement for full disclosure of all financial matters, why was the ISA not included in the figures? It may be that the value in the ISA was offset by some other asset.

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01 Feb 11 #248918 by dukey
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Interesting Imediate could you expand please.

As i understand it SA and MOU are used to form the basis of a Consent Order but only a court sealed consent order can be enforced in court.

I agree courts do take SA`s much more seriously than in the past now that case law supports them.

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01 Feb 11 #248929 by Imediate
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I have just seen that I left out a word in my earlier post. I should have written "...Deed of Separation or Separation Agreement.."

The DS or SA is a legally enforceable contract between the two parties. If one of them breaches the terms of the document, the offended party can take the offender to Court to have the breach put right.

The MOA is simply a record of what has been agreed and has no legal standing until it has been converted into a Consent Order which passes through the Court and becomes effective on the pronouncement of the Decree Absolute.

As you probably know, he CO is a Court order and, if its terms are breached, this can be reported to the Court which will take action to enforce the terms.

Rather annoyingly, only practicing solicitors can draw up the wording of a CO; its a reserved occupation although I have a feeling that the parties to the divorce can do it for themselves but the wording is pretty arcane and needs to be done properly.

However, when we produce the appropriate document (if the parties have not commenced proceedings, its the DOS/SA and it they have, its the MOU), we do it in a way that is relatively easy for the solicitor to cut and paste and thus keep time costs to a minimum.

I hope this a sufficient answer.

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01 Feb 11 #248946 by dukey
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Thank you Imediate.

I spend rather a lot of time trying to persuade members to at the very least give mediation a go, for those with legal aid it is a requirement but the failure rate seems very high, i suppose it depends on the skill of the mediator and the willingness of participants to be reasonable.

What i was hoping for is some statute to confirm DS and SA are enforceable, the martial causes act does not support what you say, that said its close to forty years old, i would be grateful if you could supply some law because it will give members more confidence in mediation - and i can bang on about it even more :)

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01 Feb 11 #248954 by Imediate
Reply from Imediate
I'm sure legal aid mediation cases have a high failure rate because mediation has been imposed on the participants, rather than it being chosen.

The DS/SA documents are covered by the law of contract.

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