The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

Read our latest Financial Settlements guide (2021)

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.

Will it make it to court

Neves7728
Posted by
Junior Member

18 Nov 21 #518154 by Neves7728

Topic started by Neves7728

Hi

Just wanted to see other peoples views on this situation. Partner has offered the ex more than 50% equity in the house (we are retaining the house with the 3 children) and 50% of a pension into a pension sharing order. Ex will not accept as they want the 50% pension in cash upfront which we cannot raise at the moment. Form A is just going in but would a court consider this case even though mediate and solicitors have all said its a fair deal. The ex is on benefits etc and will receive housing so no massive outgoings etc. Just wondering if a judge would see it as the ex being unreasonable? especially as we have to pay court fees and the ex does not have to pay anything. Any advice/views appreciated. Thanks

seeingawaythrough
Premium Member

22 Nov 21 #518167 by seeingawaythrough

Reply from seeingawaythrough

It doesn't sound a reasonable demand to have the pension in cash rather than PSO, but I'm not an expert.

If mediators and solicitors are advising it's a fair deal, and they're in possession of the full facts, then I think you have your answer.

Has anyone issued a Form A?

Neves7728
Posted by
Junior Member

22 Nov 21 #518168 by Neves7728

Reply from Neves7728

Yes our solicitor and the mediators have said its fair but the ex does not think a PSO is fair and wants cash up front. Mediators have signed the Form A which we are submitting to court today.

Just frustrating that everyone has agreed its fair except the ex and we have to force it to court. Wondering really what a judge would actually do in this situation

seeingawaythrough
Premium Member

22 Nov 21 #518169 by seeingawaythrough

Reply from seeingawaythrough

Is Ex being advised at all?

Neves7728
Posted by
Junior Member

22 Nov 21 #518170 by Neves7728

Reply from Neves7728

Yes they have a solicitor however from the correspondence we have received it does not appear to be very professional etc so not sure if they are advising the ex or just acting on ex's instructions

WYSPECIAL
Moderator

23 Nov 21 #518177 by WYSPECIAL

Reply from WYSPECIAL

You haven’t given any details of figures involved but have sought professional advice from experts that know the local courts.

Sounds like the ex needs a reality check and will get it in court soon!

Neves7728
Posted by
Junior Member

24 Nov 21 #518182 by Neves7728

Reply from Neves7728

yes we agree they do need a reality check, however its us submitting the form A as ex is refusing to leave the FMH so it appears court is the only option. Been over a year and a half trying to negotiate but ex does everything in their power to delay everything

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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.