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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.

 

Mesher Orders and Global Maintenance

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12 Aug 22 #519810 by Lime
Topic started by Lime
I had my FDR a few days ago, but unfortunately no agreement was reached. Judge was great, although did say that it was unlikely I'd be awarded the house and a Mesher would be ordered. I want the house to minimise the opportunities for ongoing control - DV has been an issue and so far everything about ex's conduct with regard to finances has only strengthened my conviction that that would continue. We're also in court for Child Matters by the by. But judge said conduct wouldn't be a factor unless it was really extreme (i thought the new DV bill that covered economic abuse might have given more room for that, but it would seem not).
Anyway I need to work out if there is some way I could live with a Mesher order for the next 14 years. I also need maintenance for the kids/ myself, and my barrister (legal aid) said if he doesn't make payments the property could be used as leverage. So my question is, sure maintenance orders can be enforced, but in practice how much pain (and expense) do you have to go through in order for that enforcement to start having any teeth? When I asked that question he said in practice a softer approach is taken when payments aren't made, but if past behaviour is any predictor of future behaviour, then my ex will pay haphazardly, late, sometimes partially, and the I wouldn't be surprised if he applied for a variation down. So I'm trying to work out is it whether the law does actually have some teeth with regard to enforcement and then me perhaps being awarded the property, or if the reality is that poor payments will be tolerated in the end and I'll have to go through a lot more pain to chase them up, and that no judge will ultimately take his share away. Because if my ex thinks he can get away with it, he will! Thanks for any perspectives

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12 Aug 22 #519811 by Lime
Reply from Lime
Should add that ex is overseas and out of UK reach.....

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