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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.

 

lies on divorce petition

  • nessienoo
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17 Apr 08 #19840 by nessienoo
Topic started by nessienoo
Hi all
My partner received his divorce papers today. On the arrangements for children though there a 3 errors and I wondered what he should do about it.

The first error is that they refer to his son by his middle name twice and call him by his first name otherwise - does this need correcting?

Secondly it states that my partner pays maintenance of £15 per week when actually he has always paid £450 per month and as she has now involved the CSA they have advised him to not pay anything until they have agreed a figure, on the calculator it looks like he should be paying around £240 per month. Does this need correcting?

Finally it states that his son has regular contact with him and stay on regular occasions. This is untrue as since Christmas due to my partner leaving the armed forces and not telling his ex that he had been planning to she has threatened to throw her son out if he contacts his dad, so his son is scared to contact him and only does so when he is alone. Does this need correcting?

Maybe we are being picky, is he better to just agree to what she has put and let it all come out in the form E or do these things legally need to be correct?

He is understandbly very angry as he feels she is lying to blacken his character when all he has ever been is a good and supportive father. She seems to forget that he has always bought her son clothes, taken him on foreign holidays, bought him all of his tools and clothing for starting college last year.

Any advice would be appreciated.

Thanks.

Oh by the way - he will be seeing his solicitor next week!

  • IKNOWNOW
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21 Apr 08 #20111 by IKNOWNOW
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Hi Nessienoo,

Have replied to your other post but thought I would just add something.

Put on the letter that he is currently being assessed by the CSA and that he has been advised to stop making payments until he has been properly assessed. I personally think the CSA are wrong to advise this (they done exactly the same with my ex-husband and left me as the PWC unable to pay the mortgage in favour of feeding my 5 children) but he could put the amount he was previously paying and the date it stopped.

Stick to fact as far as the court are concerned, until it gets to a Final Hearing (if it gets that far) the courts are not interested in whys and where fors, they only want the information that is factual and it will carry no relevance.

If he is seeing his solicitor next week is he able to hold off filing the information with the court until then? Would seem the more approriate thing to do.

I understand that your partner maybe angry, but sadly this is all part of the majority of divorces.

Support your partner, but try not to get to deeply involved in the detail as it may actually cause your relationship more stress.



Regards, Sarah

  • nessienoo
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21 Apr 08 #20118 by nessienoo
Reply from nessienoo
Hi Sarah

I replied to the other message but will add to this one too.

You have given me some good pointers to tell him - thanks.

He had his papers on Thursday last week giving him 7 days to reply, his sols appt is Thurday this week so I don't know what will happen there, maybe his sol can ask for more time?

Your advice re not getting too involved is good but when you love someone and see them hurting because they miss their only child it is hard to step back. It is stressful but as far as I can see all she has ever wanted is for my partner to suffer and she has always done as much as she can to wreck our relationship. It is a good thing that I am generally level headed and can see her for what she is! Hopefully one day she will move on.

Ness

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