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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.

 

Full Disclosure

  • birdy
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26 Sep 08 #51496 by birdy
Topic started by birdy
We are now at the stage where we are submitting form E documents to each others solicitors. But how do I know if he is being honest about his accounts etc.

Do solicitors do an experian check or anything as standard practice?

  • maggie
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26 Sep 08 #51510 by maggie
Reply from maggie
If only!
My solicitor wasn't really interested in full disclosure in my Form E let alone my husband's - just enough information for her to cobble together easily a schedule of assets and one for income needs as a crib sheet for the judge and the barrister was as far as she could be bothered.
Truth is if you can't produce any evidence no-one will pursue it.

  • hawaythelads
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26 Sep 08 #51520 by hawaythelads
Reply from hawaythelads
The thing I divorced walked in to mediation and surprise surprise had a total of no assets and even tried after the mediator swallowed that one to say actually I have a £5000 loan.
Wonder what happened to that £1400 a month housekeeping I used to give her after I'd paid all the bills and mortgage.
She also manage to vaguely fudge about her pension.Jesus wept!

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26 Sep 08 #51524 by maggie
Reply from maggie
I think full and frank disclosure is a myth - you reach a point where you think you might have a reasonable picture but you can never be sure and with solicitors being so inept on financial matters they have no idea what's relevant and worth pursuing - they seem very afraid of being seen by the court to be wasting money on getting full disclosure but not at all afraid of being sued for undersettling because they didn't spot the implications.
My solicitor's defence is that I didn't need to settle at FDR if I wasn't "happy" - she knew information was missing and didn't tell me.What I didn't realise at the time was that most of the questions I put forward after Form E she rejected and didn't put in to the questionnaire because she didn't know they were relevant.
For disclosure on pensions I would never leave it to my solicitor or the spouse member - I'd ring the scheme myself to check they'd received Form A - as per the agreed protocol- and request the information I needed directly from the scheme pensions manager - you can't get the CETV but you can get a written statement that the scheme will provide a CETV which pulls the rug out from under pension members who say they can't get a CETV.

  • redoctober
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26 Sep 08 #51535 by redoctober
Reply from redoctober
Hi,

I could not agree more with my learned friend Maggie here.

If someone is hellbent on not disclosing assets, there is no solicitor in the land who is going to take ( or have ) the time to search for them.

It is left to each party to keep their ears and eyes open to find out for themselves as much as they can.
Form E and the disclosure therein has absolutely no teeth. In fact, most Forms E are a mixture of reality, pious wishes and omissions that would make a writer of fiction proud.
Nor are the judges really interested in the contents of the forms at hearings, preferring to deal with a synopsis of all assets declared.

Red XX

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26 Sep 08 #51543 by Gingerkitty
Reply from Gingerkitty
Just about to exchange Form Es and I fully expect my X2B to have omitted quite a bit. I know you are going to laugh at this, but he has three horses which I believe he will deny either all knowledge of or say that they belong to someone else. Whilst not race horses they are all worth a bit of money. I have found their horsey passports in his name so have copied these as proof. Why am I so bothered about them, well they cost him at least £250 per months to keep, feed etc and then X2B pleads poverty and unable to fund a place of his own, priorities not quite right there are they? What I've had to do to keep one step ahead of X2B you wouldnt believe!!!!
GKx

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26 Sep 08 #51547 by maggie
Reply from maggie
Have you seen this GK ?
www.telegraph.co.uk/news/newstopics/howa...orce-settlement.html
We should all go out and buy horses?

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