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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 To Use Mediation?

  • musicmad
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15 Sep 08 #48675 by musicmad
Topic started by musicmad
My wife made the unilateral decision for us to divorce some time ago, but as the last six months of my life have been so indescribably unpleasant I now can't wait to distance myself from her.

She has agreed to attend mediation but only as long as I pay for every session in full. She has reasonable savings, equivalent in value to my own, so I do find this unreasonable - she should contribute something. However, she has also so far refused to petition! We have effectively been going no-where apart from many arguments around the finances. Interestingly enough she has also said that I have deliberately been against her by not taking time off work to look after our daughter whilst she visits her solicitor. I wonder if I should just put a collar around my neck and give her the lead? I digress, sorry...

I have been advised to petition against her as divorce is now considered on a no fault basis and this should not affect the settlement. However, I have also read that it is far harder to sort finances out post divorce. In other words, we could be divorced quickly before finances have been agreed. Should I try and get some resolution around the finances first, or should I just issue the petition?

  • Ephelia
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16 Sep 08 #48938 by Ephelia
Reply from Ephelia
You can't get court help to sort out finances until one of you petitions for divorce.

If your stbx won't discuss finances in any reasonable way, you are better to at least begin the legal process. You can negotiate a settlement between yourselves at any time during this process but the court process at least gives you a timetable you are both obliged to follow.

Good luck.

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