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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.

 

First Hearing

  • Spicer
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29 Mar 24 #522790 by Spicer
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Hi, started off with amical divorce (I know ) every time I took a step forwards, husband took two back! This started in March 2022 - no kids, nice & easy (nope) Husband wouldnt complete form E, opted to do own agreement, but then he delayed and delayed doing D81 - which resulted in my running out of money, so now LIP
In December 2023 (literally as his solicitors were closing for Christmas) got a "updated" but wrong version of our agreement, told to accept or he intended to take me to Court!
Bottom line, I did MIAM, and got exemption certificate. I submitted Form A to Court in January 2024, First Hearing set for 18th April, finally got his Form E which to be honest, you could drive a bus through, even without a solicitor. (we have exchanged questions)
Typically, got email from his solicitor at 20.49 last night - looks like I need to provide a Form G. Its now Easter, and google cant seem to help me find one to download?
HELP
Oh, and hes now taken over £9000 from a joint account to cover "his legal fees" - meanwhile I have tried not to take from joint funds

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29 Mar 24 - 29 Mar 24 #522797 by hadenoughnow
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Form G is titled something like response to notice. It is sent out with the Notice of First Appointment. It asks you to indicate whether the first hearing can be held as FDR - this is usually the second hearing and is where settlement by agreement can happen. FDR can only happen when disclosure is complete and you are both in a position to make offers to settle.

it is wise to freeze or close any joint accounts.

Hadenoughnow
Last edit: 29 Mar 24 by hadenoughnow.

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29 Mar 24 #522799 by Spicer
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Hi. Thanks taken me all morning but discovered it’s the front sheet, where the Court confirmed the date & time of the hearing! Nothing on it that says it’s a form, let alone G!

After 36 years of marriage, it became very noticeable that he was otherwise engaged 🤨. Know the person, they got flowers & chocolates on their birthday, I got a card without any ink on it! No name on the envelope or signed inside.
Last straw was when found out he had invited her to join him in his double room at a hotel. She didn’t, but instead of it being a 5 day works course, it was 3, so last two was spent at her house (have photographic evidence)
I take one step forward and he’s taking two steps back!
I really just wanted it over - 2 years is enough

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29 Mar 24 #522800 by hadenoughnow
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These days divorce E is no fault and the reasons for it have no bearing on financial settlement.
After such a long marriage, the start point for settlement is 50:50 of everything, including pensions. Does he have a pension of any substance? Do you? An actuary's report may be needed to work out how they should be shared.
The final settlement may depart from 50:50 if, for example, you need more to rehouse - especially if you need to be mortgage free and his income is greater than yours.
Did you have full financial disclosure before reaching 'agreement' '? Are there any things in his Form E that need to be questioned and may make the previous agreement unfair?
It may be that the other side are hoping the first appointment can be FDR so you can settle on the day. If there is any doubt about the disclosure or an actuary's report is needed I don't think FDR is an option.

Hadenoughnow

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29 Mar 24 #522801 by Spicer
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Now, this will get interesting! Yes, he has (had) a defined final salary pension scheme and back in 2022 the pot was over a million. It’s dropped by nearly £250k, and he didn’t want to agree to an actuary report! Mine is around £60k
No children, no mortgage, we sold our buy to let, so that’s sitting with the conveyance solicitor
No to financial disclosure until after I submitted to Court.
He’s attempted to hide shares from me (unsuccessfully) actually he nearly got away with about £50k of shares he conveniently forgot.
Was sent ultimatum (well that’s how I viewed it) just before his solicitor closed for Christmas- literally must have been the last thing they did before they locked up.
Either accept his terms, or he would take me to Court. That was easy.. then they back-pedalled as fast as they could.
Then mentioned we couldn’t until we had been through mediation. I did MIAM while waiting for them to find someone.
I finally got his Financial disclosure, and you can drive a truck through it!
They certainly won’t like my questions and his to me make him look stupid

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29 Mar 24 #522802 by Spicer
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Probably should have explained, I was working part time due to health issues, I get higher rate mobility & middle rate care on DLA, plus in support group of ESA.
I’m 65 this September and due for state pension next year.
Got notified of being made redundant at beginning of last November and technically, Sunday is my last day.

He tried putting his net pay on the D81 of £2900.00, after querying, It went up to just over £3400.00 but his payslips didn’t match ! Got his February one in with his Form E, gross to Feb, was over £108,000!

I’ve tried to respect our agreement, not touched any of the accounts he’s supposed get in the divorce. He moved out last March and hasn’t paid me a penny in interim spousal maintenance, which has meant I’m completely skint, my solicitors bills took everything I had and more, so I’m acting LIP,
Trying to do this on my own.

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29 Mar 24 #522803 by hadenoughnow
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I think it sounds like you need to know a lot more about the pension and what's happened to it - and potentially apply for maintenance pending suit. If he hasn't agreed to an actuary's report the judge can order one but you may need to put in a D11 application for this ahead of the hearing and also request MPS. You could ask that he pays for the report in the first instance.
It may be worth looking at the help with court service offered by this site to see if you can get some assistance with the process.

Hadenoughnow

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.