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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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Solicitor hasn't sent counter offer after FDR

  • Stillnotover
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20 Jun 18 #502359 by Stillnotover
Topic started by Stillnotover
Hi
I sent a offer to my solicitor to forward to my husband in order to settle and avoiding going to final hearing. She sed it would be of no interest to him so I had no choice but to meet with her again. I then was told that that she would now send the offer but had to confirm it was against her advice A week as passed and I've heard nothing. I'm now in a position were I don't have the money for final hearing( wished I had seen a post on here) as I used the last I cud borrow to have her and a barrister represent me at FDR. I've told her that if it does go to final hearing that she won't be there as she never offered the option for a cheaper barrister and and cud of saved on costs by not have her attend.My barrister wouldn't apply for a maintance pending order and clearly sed get someone cheaper.
Just feel she's draining last last penny's out of me then I'll be left to self represent. So do I make a complaint (she good at turning things around) and send the offer myself ?? Just feel at this point it will make me look valuable to the other side.
Any advise please

  • Under60
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20 Jun 18 #502362 by Under60
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At the FDR the judge should have said how he saw things. Was your offer along the line of what the judge suggested?

  • Stillnotover
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20 Jun 18 #502373 by Stillnotover
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Thank under 60 for your reply

The judge said that the house valued at £350,000 and land valued @ £75,000 to be sold to release husband from the morgatage, outstanding morgatage £68,000.

Clear case for maintenance for term or until the pension fills the gap currently at 55 barrister argued @£23,000 he agreed it was reasonable for what I needed and he's ability to pay from salary not bonus he currently earns £69,000 plus a £50,000 annual bonus this year.

Was surprised at no pension share order but pension report did a 50/50 spilt current value.

Husbands pensions
Private pension 1 £13,886.60
Private pension 2 £73,027.00
Company pension £337,574,84
State pension £7,169,76

Me
State pension £4,430.92
Pension report for 50/50 spilt being received @ 67
Two private pensions and 37% of company pension to me

£13,886.60
£73,027.00
£125,123.32
£4,430.92

Just thought I'd add
Co habit 10 years
Married 12
No children
Im 48 soon he's 44
£18,000 car which I am still using
Husband currently paying £460 on bills and interest on mortgage and £500 maintenance
I gave up work to renovate the house and land
Husband brought a flat which he is living in @£150,000(investment I feel)
Debts husband none
Me £18,000 in court and solicitors fees

After along day of negotiating it was left at
Husband proposal

I keep the house and land but I clear the mortgage
I keep my car
I receive 100% both private pensions and 30% of company pension
He pays me maintenance for one year @£1,000

My proposal in settlement before final hearing to my solicitor was
The house and land transferred into my name and he clears the mortgage
I receive 100% of private pensions and 30% of company pension
I keep my car
I receive maintenance for a year @£1,000
He pays my debts for the court and solicitor fees
I feel this is fair my solicitor has still not sent the offer to husband and I don't have the money to go to final hearing.
Your thoughts please

  • hadenoughnow
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21 Jun 18 #502384 by hadenoughnow
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Where would the money come from for him to clear the mortgage?'

If you look at this on the basis of need, your need is a 1-2 bed property as is his. How big is the current house and how much would it cost to buy something to meet your need? His housing need is met - is his flat mortgage free?

Does the land provide income or could it be sold to clear the mortgage?

Are you saying the judge at FDR did not think there should be a pension share? I would certainly suggest that, if you get the lion's share of the property assets plus maintenance, this would be offset against pension so your share would be less than.50:50.

How much are your legal fees? It is unlikely he would be expected to pay them. In financial proceedings each party bears their own costs. You could ask ... He may agree some kind of lump sum to save his own costs of final hearing.

Hadenoughnow

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21 Jun 18 #502393 by Stillnotover
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I've pm you

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