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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.


Mediation

  • alreid1612
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11 Mar 19 #506636 by alreid1612
Topic started by alreid1612
My partner is going in two weeks. Is it worth seeing counsel beforehand? The ex is highly unlikely to reach agreement. Any tips? Go with a position statement, and a bottom line? Work out red lines? Keep calm?

  • hadenoughnow
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12 Mar 19 #506640 by hadenoughnow
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What level of financial disclosure has your partner got? Have the mediators asked for financial information?

Without this it is impossible to advise on a fair settlement.

It is a good idea for your partner to ensure they have a good understanding of how financial division on divorce works. It is also best to go in to mediation with a flexible approach. If there are children to consider their needs should be paramount.

Remember the mediator cannot make decisions for you and can't impose a settlement. Only a judge can do that.

Getting counsel's opinion at this stage would be OTT. If you want to spend money on a barrister, wait until you get further into the court process.

You can get a cost effective legal opinion on fair settlement via this site but, as above, it is best to hold off until all the financial figures are disclosed. Your partner may also benefit from some support to guide them through the process. Give the helpline a call.

Hadenoughnow

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12 Mar 19 #506643 by alreid1612
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Its for variation, so there is a degree of understanding of ex's finances. But it is incredibly complicated. Basically he can pay any figure. His wealth is hidden in trusts at home and abroad and there is some evidence that he failed to disclose accurately during the original Consent Order hearings. Whether that is sufficient to go in to bat on I don't know.

Personally I just want a Clean Break. The merits of going to counsel were to know the strength of our case (to sustain spousal maintenance or a significant element of it) so that we had some feel on whether to push for a better result (if case is strong) or accept a weaker one if it is not.

But yes, I think a call to the helpline would be useful

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