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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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  • yellowrose
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12 Jun 12 #336300 by yellowrose
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I am trying to handle as much of my financial dealings as possible to save money.
Husband and his sl.g are lawyers and he has employed a lawyer (whether he is paying him is another question entirely). That aside, I wrote on 3rd April asking for information and posing various questions - no answer. Wrote agin 14th May. Received an answer bank holiday weekend asking for confirmation of exchange of financial info by 8th June (2 working days notice) and confirmation that the actual info would be exchanged by 22nd June. They know I have no legal representation and today I have recived an email asking again to confirm that I will exchange stuff on 22nd.

I have told them I am composing a letter and that given I am making important decisions and am not legally represented they are being unreasonable in placing these timescales on me.

Things I asked - like could I have items he has stolen from the house back have been totally ignored.

I feel bullied and intimidated by them and have indicated as such.

Sorry its lonf winded but can any lawyers advise me of my rights please.

Also - I was awarded costs in the divorce. He has been asked to pay twice by my divorce lawyer but ignored it. What can I do about that?

Thanking you in advance

  • Tirov
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12 Jun 12 #336316 by Tirov
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Your profile says you are separated. Do you have a nisi? If so you must get a Solicitor for your absolute!
Tirov

  • hadenoughnow
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12 Jun 12 #336323 by hadenoughnow
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Tirov I am not sure how your answer is helpful to the OP.

Yellowrose ... are you going through the courts for financial settlement or is this a voluntary exchange of forms e?

If you are going through the courts and have a date for first appointment, then you will be in the court timetable. There is a protocol for when things are done .... but this is not enforceable. In practice we have seen many cases where forms e have been produced on the day.

If it is a voluntary exchange then you need to agree the date between you. They have no power to force an exchange at any point if it is voluntary. They may however make an application to the courts so you are compelled to exchange.

Questions are raised (in either case) once the forms have been exchanged. If you are going through the courts, the judge will decide which questions have to be answered and order accordingly.

Concerns about e.g. stuff he has removed from the house should not delay an exchange but if you know he has valuable items (over £500) that are not on his form E, you can raise questions about them.

If the items are not valuable but have other value - ie sentimental - getting them back could be tricky I am afraid - unless he has a conscience :(.

Hadenoughnow

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12 Jun 12 #336324 by yellowrose
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I have a Nisi.

The exchange is voluntary. We have part exchange of form E but he failed to include value of his business, value and rental income of two houses he part owns, compensation from equitable life etc. I in turn have kept my CETV until such time as he is ready to provide those missing details.

They have threatened me with court but would like to avoid at this stage. Things are far from amicable but more hassle will not be helpful.

Items not valuable and no he doesn''t have a conscience or a heart unfortunately.

What sort of questions do I ask when I have all the info.

  • hadenoughnow
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12 Jun 12 #336342 by hadenoughnow
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I think you need to play the game and disclose your finances fully. If he has missed stuff you need to raise that as a schedule of deficiencies just as you would for the court. Questions would be related to unusual spending, missing info etc.

Hadenoughnow

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12 Jun 12 #336365 by Tirov
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You need a forensic accountant to look at the business values! You need house valuations. You need an actuary to look at the equitable life position. Has he any more pensions, endowments? You will do the wrong deal by yourself being against 2 Sols etc etc.
Everyday I am contacted by someone who has dealt with the matters themselve to save cash and then found themselves in a pickle.
Tirov

  • hadenoughnow
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13 Jun 12 #336391 by hadenoughnow
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I would wait to see what he does disclose. Things like house values are easy enough to get guidance on using internet estate agents like rightmove.
If the business is a ltd company you can look up the accounts. In any case, if it is in his sole name, you can ask for company bank and credit card statements.
Presumably the equitable life compensation was a lump sum? How long ago was it received? You can ask for evidence of what happened to it.
If you do not get satisfactory disclosure then your option is court. Should you need professional involvement in valuations etc, the judge will order it. These reports will be joint and ad they are ordered by the court, they are reports to the court.
This stage of the proceedings is largely administrative. It is sensible to take legal advice before agreeing a settlement. If you do end up in court, you may need legal representation further down the line to protect your interests. That will depend on how devious the ex is being and how well you are able to rep yourself in court.
If money is an issue, would he earn enough for you to claim maintenance pending suit to cover your legal bills?

Hadenoughnow

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