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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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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

  • Rosie101223
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02 Jan 09 #75874 by Rosie101223
Topic started by Rosie101223
My ex says he's been told by his solicitor that he can have his half of the equity from the property (which I live in)whenever he wants. We have one child, who lives with me. He wants to go to mediation to get me to agree to sell or raise the money. I thought if there were dependant children involved, the other party might have to wait till the children have finished education. I don't want to pay for mediation if I'm not obliged to raise money now. Anyone had a similar experience? Any advice/comments? I'm wary of paying out for unnecessary legal costs!

  • NellNoRegrets
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02 Jan 09 #75882 by NellNoRegrets
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mediation is cheaper than going to court! But its not about you agreeing to what your ex wants, its about you both coming to an amicable agreement so you can avoid going to court.

I don't think its true that your ex can have his share of the house whenever he wants - and you haven't agreed what that share should be yet either. It won't necessarily be a 50:50 split as your child's housing needs - and by extension yours as the parent in residence, will be the primary consideration.

Is your ex prepared to pay mediation costs (bearing in mind they will be cheaper than court)

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03 Jan 09 #75970 by Rosie101223
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Thanks No regrets for your response. The ex is keener for mediation than I am - but only cos he wants me to give in to his demands, and remortgage for a scary amount so he can get his money released. After 2 yrs of separation, I'm still bitter. He came to the marriage (my house) with nothing, now wants half of everything, and the way I understand it, the legal process isn't interested in the past -only the future, so I don't feel confident about any of this. I know mediation is the cheaper option, but he just left one day (after 12 years) with no real explanation, no discussion. The thought of sitting in a room with him isn't something I relish. He wouoldn't talk to me then, but is only too happy to talk now!

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03 Jan 09 #75974 by dukey
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Hello

Fill Manadas form in and wiki peeps will advise on a fair outcome, i doubt a solicitor has advised him he should ask for 50%, though mediation is a good starting piont the court route can cost an eye watering amount of money.

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.

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