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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.


EX STALLING FOR TIME?

  • LovelyLou
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20 Mar 08 #17317 by LovelyLou
Topic started by LovelyLou
Hi all!

A few questions I'd like to have answered. My STBX has changed his solicitor. Unfortunately his new Solicitor will not act on his behalf until she has received his files from the old Solicitor. His old Solicitor will not release the files until she has been fully paid(which I believe to be thousands of pounds) We have money in an account that has still to be split(proceeds of the matrimonial home) Because he owes all this money (he could easily go get a loan for it to be covered) this is now delaying the whole process. He suggested that I agree to release some of the money to him BUT the reason why I am not doing this is because I want a divorce and I know if I give him the money he needs then it will be a "see you later" from him. He has now stopped paying maintenace and nursery fees for our daughter. He has his own business and lives in a £225,000 flat and drives a £25000 convertible, which he still hasn't given up to pay for his daughter. Priorities!!!!!!!! Can anyone enlighten me? What do I do? Do I still take him to Court? He will possibly have to self represent. What does this entail? And does it make things more complicated?

  • Elle
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20 Mar 08 #17319 by Elle
Reply from Elle
The file can be released for the new sol to copy, the sols could co-operate, if X2B self reps...he, your sol and the court have the trickier job....and are apparently obliged to assist....but in my experience of self reppin...they dont.
Regards his suggestion....might be better to ignore that

  • attilladahun
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20 Mar 08 #17323 by attilladahun
Reply from attilladahun
Simple

Get your solicitor to copy the pleadings and all the correspondence
on his agreement that their reasonable copying charges say 40p per page are charged and reimbursed immediately from the deposit account.

That's all the new solicitors will need -alternatively if your solrs will cooperate -borrow the corresondence file and pleadings and personally take the same to be copied:)
No exscuse then not to make progress.

Now if H not paying at all solr to set out the financial needs for you and children and the income you have coming in and so the shortfall.

Get an interim maintenance order drawn up and get solr to write to H suggesting:

1. He submits to the order and returns it signed by 4pm 14 days time and if so you will pay the Consent Order fee of £30
2. If not you will seek an interim Maintenance order for you and children on the basis that if the CSA get involved you will give credit £ for £ of the sums the CSA award you -that way H won't pay twice over.
3. If you have to make an application then if not by consent you will seek an order for costs of and incidental therein. This will "cost" him quite a bit BUT the effect being sent is H "controlling" behaviour will not be tolerated. You are thus no pushover and he needs to get his priorities correct =get rid of the damn big car and pay his dues like the rest of us.
If I can run a Smart car so can he!!!

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