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  • DiminishedPatience
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1 year 2 months ago #507781 by DiminishedPatience
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1 year 2 months ago #507856 by rubytuesday
Replied by rubytuesday on topic Re:Forms for Mediation
Welcome to Wikivorce

D81 really only provides basic disclosure, it doesn't provide a full and detailed picture of a person's finances and thier future capital and income needs.

In order for you and your spouse to discuss the financial settlement properly and take into account each party's needs, a Form E will be required.

Shuttle mediation is where the parties sit in separate rooms and the mediator shuttles between them. Mediation can lose its effectiveness and take longer this way. Is there a reason why shuttle mediation has been chosen, rather than joint sessions in the same room?

You may find our guide useful: Wikivorce Guide to Financial Settlements

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1 year 2 months ago #507901 by DiminishedPatience
Replied by DiminishedPatience on topic Re:Forms for Mediation
Hi the reason for the shuttle mediation is because I don't want to be put in a position whereby I become too angry or upset. My stbx can be passive aggressive and the tone of his solicitors letters have been aggressive in their tone. He is a high earner, has shifted substantial assets and cash and spent thousands including buying a new car and a nice house whilst I have been living a hand to mouth existence and am struggling to find work. I want to feel confident to ask about his massively undervalued NHS cetv and stand my ground in trying to keep a roof over my head and eat at least one meal a day and thought the first session would be best as shuttle as I don't know what to expect in the sessions. He has failed so far to provide key documents and is not budging on his offer to me which I have turned down because it would leave me in a lot less favourable position than when we married 23 years ago.

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1 year 2 months ago #507916 by hadenoughnow
Replied by hadenoughnow on topic Re:Forms for Mediation
If he still fails to provide proper disclosure, mediation won't be fruitful.

If it fails, it is open to you to apply to the courts for financial remedy. He will have to disclose his finances fully. You will be able to ask questions about them (in writing)and the court will order him to comply with instructions to produce documents etc. If he doesn't, ultimately he could go to prison.

As far as the value or otherwise of the NHS CEV goes, you may find it helpful to ask for a statement of benefits. That will show you what pension income £100 of CEV will \"buy\" - you will need to do the sums. It's a rough tool but can help you make a comparison with other schemes. The only way to do this properly is to get an actuary to look at it. This can be an expensive undertaking but is what a court may well order.

If this is the only pension and you are looking at a 50:50 share within the NHS scheme, tbh the CEV and whether it undervalues the pension is irrelevant. You will both get the same pension benefits.

Have you had any advice on a fair settlement?

We can help if you are able to tell us a bit more about your situation. Bear in mind that everything in sole or joint names is in the marital pot.

We need to know

Ages
Incomes Inc any benefits
Length of the marriage plus cohabitation
Children - ages and arrangements for them
Property: former marital home - market value, outstanding mortgage and size
Other property - market value, outstanding mortgage, size.
Pensions - CEV and type
Value of any other assets in sole or joint names.
Debts/loans in sole or joint names.

Hadenoughnow

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1 year 1 month ago #508071 by DiminishedPatience
Replied by DiminishedPatience on topic Re:Forms for Mediation
Hi

Thanks for response. I've been to first mediation session but am feeling it is being skewered in stbx favour. I am the petitioner and decri nisi was awarded on basis of stbx adultery.

Ages - both 52
Incomes Inc any benefits me £112 pm (him £5100 pm (gross)
Length of the marriage plus cohabitation 23 years married
Children - none
Property: former marital home - value £175,000 with £23,000 left on mortgage in joint names 3 bed semi
Other property - stbx sole name value £180,000 with £150000 left on mortgage in sole name bought post [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] - 3 bed semi
Pensions - Me £76,000 private pension him NHS pension cetv £329,630 (although the hypothetical annuity cost which I have a copy of says £877,438)
Value of any other assets in sole or joint names. None
Debts/loans in sole or joint names £2000 overdraft on joint current account.

On decree nisi the judge ordered respondent to pay costs of petitioner to be subject to assessment if not agreed. A response from his solicitor said that he agreed to pay all costs but to date these have not been paid and a recent letter in this connection was responded to stating that ousts would be split 50/50 as was usual in divorce. Surely they can't do this.

A few weeks after separation he inherited parents estate to value of £170,000. He has used £40,000 (some obviously to use as deposit on a house purchase) and signed remainder over to family member. I have been told by my solicitor that this comes into the pot as mine is a needs case.

At every stage he has caused delay by not responding to my offers to settle all the financials and when there is a response it is a rejection and his solicitor counter proposes with equity of house with contents only saying that this is more than fair and no maintenance for a clean break. I sold my pre-marriage house to purchase the marital home and all existing furniture etc is what I bought pre-marriage. I have zero mortgage capacity and am struggling to find another suitable job. If the house gets sold to release equity I will not be able to buy another house in the area where I have lived all my adult life.

I established that he had transferred £1000 per month from joint account to another sole account during the four years prior to me finding out about his adultery.

My brain is mushed with trying to fathom out what to consider a fair settlement and I don't know how to establish what NHS pension income of £100 will buy.

I only want what's fair but don't feel what he's offering is. I just want shut of him and would prefer not to have maintenance.

Any guidance would be gratefully received.

Thanks.

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1 year 1 month ago #508078 by hadenoughnow
Replied by hadenoughnow on topic Re:Forms for Mediation
Hi,

23 years is a long marriage. The start point for division of all assets, including pensions, would be 50:50.

Were you still together when his parent(s) died? If he has sought to frustrate a financial claim by disposing of the inheritance, you can raise this. The money may well be factored back in on his side of the balance sheet.

Your strict housing need is a 1-2 bed property. How much would that cost to buy outright?

Is there anything you can do to increase your income?

It seems to me that you should retain sufficient equity from the fmh to buy a small property mortgage free.

The pension pot should be split 50:50 based on equal income on retirement. You may need an actuary to help you work this out.

I think this is also a case for spousal maintenance based on your income needs up at least until the age when you could draw on the pension.

What has your solicitor said?

What was discussed at mediation?

If you are not happy with the way mediation is being conducted, you do not have to agree to anything that you don't think is fair - specifically if it does not meet your needs.

Hadenoughnow

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1 year 3 weeks ago #508544 by DiminishedPatience
Replied by DiminishedPatience on topic Re:Forms for Mediation
Hi.
Having had two mediation sessions I have settled for stbx to pay off remaining small amount of mortgage (£20K) and to transfer the house to my sole name. He has also agreed to pay reasonable costs for the financial aspects of divorce. He has also been ordered to pay divorce costs which he has also agreed to.

When I pointed out that this did not even amount to a 50/50 split The mediator implied that as I have 100% value/equity of house (value £175K) I would struggle to also make a claim on his NHS pension (undervalued at £329K) due to pensions not being immediately cash asset. The mediator also vaguely dismissed my query about my main pension being taken out of the marital asset pot due to it having been deferred since before we got married. The mediator also dismissed that a house purchased by stbx valued at £180K with mortgage should not be brought into marital pot.

My stbx earns over £5K per month and is continuing to build up his nhs pension pot as against my £150 per month with no immediate capability to start new pension.

Is the mediator correct in what he's said?

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