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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.

 

? mediation

  • Daisy39
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28 Jan 15 #454710 by Daisy39
Topic started by Daisy39
Morning

mediation is booked for Monday but am seriously considering cancelling I have the right to close the case and take it too court. STBEX is just being a complete a knightmare how can I even mediate with someone who carnt see their actions of going through my things is wrong ?

would really appreciate any replys just feel at my wits end with all this as im shure is his intention.

Also do my rights change if I move out of the family home with the kids ? as I seriously think hell drag this out as long as humaly possible.

Daisy

  • Fiona
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28 Jan 15 #454716 by Fiona
Reply from Fiona
In most cases there is a legal requirement for the applicant to court proceedings to organise a Mediation Information & Assessment Meeting and for an approved mediator to sign the application form before the court will hear a case. Therefore it''s worth going to the mediation appointment because if nothing else the mediator can sign the form. However a good mediator may be able to defuse the situation over a few sessions so constructive progress can be made more quickly and cheaply.

The problem with moving out is that running two homes is a lot more expensive than one. Many divorcing couples accrue a lot of debt during separation so the matrimonial assets to share are reduced significantly. If you and the children are adequately rehoused your need isn''t so acute and divorce settlements depend on the needs of the parties, in particular for housing. Also if you move out your husband will enjoy the sole use of the property so there is little incentive for him to reach an early agreement.

Having said that sometimes moving out helps people to readjust emotionally to the realities of divorce so positive progress can be made, but before moving out I would suggest seeing a solicitor to find out where you stand and what options there are in your particular circumstances. Moving out may not make any difference to the sharing of assets and if your husband''s behaviour amounts to harassment or pestering you can apply for non molestation and occupation orders to regulate who lives in the house or to divide the property so that you and your husband occupy different parts.

  • Daisy39
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29 Jan 15 #454795 by Daisy39
Reply from Daisy39
Thanks Fiona

Spoke to sol yesterday as well. She said pretty much the same as you put a lock on bedroom door & go on Monday if nothing else to get forms signed .

I just have to be prepared to be assertive on mon as he will try as obtrusive as possible .

Wish me luck

Daisy

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