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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.

 

Withdrawing Court application

  • EmilyKay2020
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21 Sep 20 #514162 by EmilyKay2020
Topic started by EmilyKay2020
Hi, following failed mediations (husband wasn't honest in his disclosure i believe), I sent him a question asking if he wants to do the financial settlement using solicitors or courts so I could instruct my solicitor. He did not respond to it so I instructed a solicitor to file the application to the court. 3 days later I have doubts that I won't be able to go through this long court process (financially as I have little savings left, and because we still live together with the children). I was thinking to ask my solicitor to ask the husband if he is willing to do it using the solicitors. I just don't want to end up spending more money that is already very limited and he won't do a full disclosure again. What are your experiences of going via solicitors vs court? If I start the court proceedings and he wants to come to an agreement between us can I withdraw my application then?

  • hadenoughnow
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22 Sep 20 #514169 by hadenoughnow
Reply from hadenoughnow
The aim of an application to court is to get things into a court timetable and ensure financial disclosure is complete. You are encouraged to settle all the way through.

If you are worried about costs you can represent yourself with support from our services for LIPs. If you need representation in court a direct access barrister can be a cost effective route.

Give the helpline a call to see how we can assist.

Hadenoughnow

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