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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.

 

Its all a mess

  • collieowner
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04 Mar 24 #522680 by collieowner
Topic started by collieowner
I am at financial hearing stage- second hearing. My Ex remains in the house though he was the one who (in my eyes) was abusive and an alcoholic. I moved out and for 2 years rented whilst i tried to sort divorce and self represent.
In October 2023 I had to give up rental house, my son went to live with his dad full time and my daughter went to Uni. There was no need to rent a 3 bedroom house, i couldnt afford it and i had to get a solicitor involved as he was not engaging in court process, paying mortgage or bills.
I moved in with a friend, i agreed to pay food shops and towards bills. she did not want me to pay rent.
I paid £10000 in solicitors since May 2023 !!.

How to i explain this situation to the court as though on paper i earn well. I am saving every penny as i keep getting bills from solicitor. Cant go on like this to be honest. If it wasnt for the martital home and my name being on the joint mortgage i would just get divorced and be done.

We have another court date in 4 weeks. He wont attend. we have applied again for penal notice does it actually achieve anything ?

  • hadenoughnow
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06 Mar 24 - 06 Mar 24 #522687 by hadenoughnow
Reply from hadenoughnow
Have you had any kind of disclosure?? How confident are you about his financial position?I wonder if it is worth seeking an order that bars him from providing evidence if he hasn't complied and going straight to final hearing? You could see if you can get a 3rd party order to get information about any pension if you know the provider. Is he paying the mortgage etc?
I would certainly think you have a reason to claim costs if he has been persistent in failing to comply.
What does your solicitor suggest??

As to explaining it - just do it as you have here. You could provide a simple statement plus a breakdown of your current costs and liabilities as well as likely future costs.

Hadenoughnow
Last edit: 06 Mar 24 by hadenoughnow.

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