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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.


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Spouse cancelling further mediation

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15 Feb 20 #511410 by Chevette
Topic started by Chevette
Hi All,
Wife is divorcing me for unreasonable behaviour., Decree Nisi due in March. 10 yr marriage no kids, both working.

Wife has refused to discuss any financial settlement unless in mediation, finally had 1st session this week. She now emails me to say she won’t continue with it as its ‘not appropriate’?! She obviously has some agenda….Any advice on what my next move should be? What my options are?

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17 Feb 20 #511456 by hadenoughnow
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mediation has to be tried before any application is made to court. I imagine her intention is to submit a form A. This is often recommended if there is a problem with financial disclosure. There may be other reasons.

If she does apply to court, you will have to comply with court directions regarding disclosure. You should still try to settle by agreement - indeed the court will encourage you to do so.

The problem with fighting a case all the way to Final hearing where the judge makes the decision is that the outcome will likely please neither of you.

It is a good idea to get a legal perspective on a likely settlement once you have financial disclosure. Then you can make realistic offers and hopefully settle before getting to Final Hearing.

You may want to consider looking at the legal and non legal support we can offer to litigants in person.

Hadenoughnow

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17 Feb 20 #511462 by Chevette
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That’s my problem, I am ready & willing to mediate & negotiate but she has refused any negotiation & now refused mediation so it feels as if I am in an impossible position.
I did make her a ‘without prejudice’ settlement offer 2 months ago. She never replied. Since then the main asset of the house has been valued & is a fair bit lower than we thought. So I have withdrawn the offer.

She does think i am hiding & withholding money. There is approx £25k in an account of mine. I have said it should not be touched by either of us until a settlement is reached as it could form part of it, I offered to have it lodged with a solicitor. I have Also offered to go through the statements of accounts with her to satisfy her that i am not hiding money. She has not replied to any of these offers.

So if she is trying to submit a Form A, how will that stand up? As I have offered to continue with mediation, am happy to do a financial disclosure & am happy to negotiate a settlement.....I have been waiting four months with her refusing to discuss anything.
The only thing I will not do is release any of the £25k to her that is in my a/c as I contend it may have to be used in a financial settlement.
The fact is she could be due some of that money as joint money was transferred into it, then used to finance a house extension. but also I had a similar amount in that account before I met my wife so could argue it is rightfully mine.

Any advice on my way forward would be greatly appreciated

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19 Feb 20 #511486 by Chevette
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Any advice how I should react to my situation ? I have a good grasp of all our assets. I read somewhere that in court a Judge will look at any offers that have been made, therefore should I make an offer ? My thinking is that at least a judge would see that I have been trying to conclude a financial settlement whilst my wife has time wasted, cancelled mediation & seems intent on taking it thru the courts

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22 Feb 20 #511561 by Chevette
Reply from Chevette
Hi All

ANY ADVICE FOR ME?

As my wife is refusing any dialogue, is there a way I can bring the process forward? or as I am the respondent do I just have to wait until I hear from her solicitor or the courts?

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24 Feb 20 #511596 by hadenoughnow
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If mediation has failed for whatever reason, it is open to either of you to make an application to the courts for settlement.

No inference is taken from the fact that mediation has not produced a settlement. The application to court simply shows that you need the assistance of the courts to sort things out between you. You will be encouraged to settle all the way through.

I would always encourage a without prejudice offer before court once you have the necessary sign off for the application. Give a clear, short deadline of say 14 days. If you do not get agreement or a worthwhile counter offer, you can go ahead with the application.

Hadenoughnow

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28 Feb 20 #511655 by Chevette
Reply from Chevette
Thanks so much for that advice Hadenoughnow.
That makes it much clearer for me.
I may decide to take matters into my own hands and proceed myself with form A. I didn’t realise I could do that as the Respondent.

Thanks once again

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