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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.


Have of Statement of Outcome, what next?

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25 Jan 09 #82070 by alhambrajack
Topic started by alhambrajack
I have had a Statement of Outcome for two months now (wife gets house, I get Clean Break in a nutshell). I made full financial disclosure during mediation on forms A-C. I'm employed, and house/mortgage which is main asset is in my name. Wife is currently on benefits living in rented house with our 2 kids (5 & 8). Decree Nisi granted on 13/01/09. Wife has solicitor (she instigated divorce after 2 years apart). I'm trying to self-rep at the moment to keep costs down as I also walk away with £15,000 debts.

Query: I believe we need a Consent Order now. My concern is that wife's solicitor appears to be prolonging matters. He appears unsatisfied with the financial disclosure I made at mediation and is resisting giving me any equivalent financial disclosure from my wife. During mediation I was content for matters to proceed without financial disclosure from my wife on the understanding that she would provide the information. I feel this lack of equivalent disclosure has the potential to undermine the mediated agreement. I am also getting letters from the solicitor asking for 12 months prior statements from redundant bank accounts etc. belonging to me.

Could anybody advise on the extent of financial disclosure I need to make to achieve Consent Order, if it is more than what was required at mediation? I feel I have been fully open re: finances to progress matters and have made significant compromise to reach mediated agreement. Do I have the option of completing the D81 form myself to progress this?

Also, any thoughts on what I should say to this solicitor? (Keep it clean :))

Any thoughts gratefully received.

J

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25 Jan 09 #82083 by D L
Reply from D L
Hi

The only disclosure required by a court in order to approve or otherwise a Consent Order is a D81 form, which you can see on the court serivce website.

However, in order to advise your wife as to whether or not she is receiving her full entitlement, the solicitor has to have full financial disclosure from BOTH of you - otherwise he or she would be facing a negligence action and his insurer would not at all be happy at an admission that he didnt press for and receive disclosure.

Amanda

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25 Jan 09 #82086 by alhambrajack
Reply from alhambrajack
Thanks for you thoughts. An example of what I am being asked to disclose may be useful. I have been asked to provide 12 months banks statements from a bank account closed three years ago. Is this normal? And if it is, what would be the purpose of such a request?

Regards,

J

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25 Jan 09 #82087 by D L
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Those are not thoughts. Thems the facts dear.

If you want to have a look at what is standard disclosure, see a form E, but be aware that if deemed relevant, you can be asked for pretty much anything.

Amanda

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25 Jan 09 #82097 by alhambrajack
Reply from alhambrajack
I have already provided the information on form E through additional requests etc. It's shame that wife's solicitor will not provide even equivalent disclosure at this stage and ties that disclosure to release of historical information, which can have no relevance to the future. Just has the effect of undermining the mediation process unfortunately.

Ta for the facts.

J

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