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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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Mediation after absolute?

  • cindygirl
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04 Nov 08 #62353 by cindygirl
Topic started by cindygirl
I posted this on another thread so hoping i get answers here that i need?
My sol told me a few months ago that when my Decree Nisi comes through my stbx & I will go into mediation to sort out finances & then we will get the absolute. I saw him last week when i swore on oath for the divorce & he seems to have changed his mind, i dont know why. He said he wants the absolute before we mediate. I always thought its too late to put in for anything after the absolute, can i tell him i dont agree & i want to mediate before the absolute?
Stbx is living in MH and i may be entitled to quite a few thousand pounds, plus pensions & maintenance.
Any advice appreciated,
Cindy

  • Fiona
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04 Nov 08 #62365 by Fiona
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It's not too late to put things in after the absolute. When the property is in joint names and there is no big pension the absolute most probably won't make much difference.
The respondent can apply for the absolute 3 months after the petitioner and only if the petitioner could show good reason would the absolute not go ahead.

Of course if you want to mediate before the absolute for other reasons you instruct your solicitor accordingly. Remember the solicitor advices and the client instructs.

  • Molly
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04 Nov 08 #62436 by Molly
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Hi Cindy

I had my absoloute before my final court hearing. My solicitor told me ntot to but it had already gone through.

The only problem I can see is that if anything had happened to my ex before all the finances were worked out I could have lost rights to his pension and the house etc. As it truned out he was still 'alive' when the final hearing took place so it got sorted. Just be aware of the financial implications.

Mollyx

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07 Nov 08 #63492 by cindygirl
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Thank you both. The marital home is in his name only, we bought it 3 years after we lived together & shared it for 13 years, my sol says it makes no difference as we moved in it together & married a year after we moved into it. I do worry though about mediation as my stbx doesnt want to part with a penny, he will string it on forever if he can.
Cindy

  • hadenoughnow
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08 Nov 08 #63515 by hadenoughnow
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cindy,

Have you registered matrimonial home rights??

Hadenougnow

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08 Nov 08 #63531 by cindygirl
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Hi Hadenough, i dont understand what that means. My Sol has placed something on the MH deeds so my stbx cant remortagage or sell or get loans on it. It says ive an interest in the house?
Hope this helps?
Cindy

  • Zara2009
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08 Nov 08 #63532 by Zara2009
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Hi Cindygirl

You mean they did not tell you what was going on.

How many letters did that take????? Let me have a think
a few $£$£$£3 to them then.

Tell them you are not going to pay for that NON ADVICE

make them sweat. Money grabbing parasites.

zara

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