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Not responding to financial settlement proposal

  • ecropix
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19 Apr 16 #477117 by ecropix
Topic started by ecropix
My wife is not responding to my proposal for financial settlement. What shall I do?

I have a Decree Nisi and could now apply for a Decree Absolute. Wife lives in the jointly owned home and wants to maximise her stay. Her lawyer has informed me, that he has not been instructed to negotiate a financial settlement for her.

I made my wife a proposal for financial settlement, valid for four weeks, which was based on the ''wikivorce calculator''. She has not reacted and four weeks have past (She has signed for the correspondence and has immediately complaint to our adult children that I am pressing to sell the family home).

What is the next step toward a financial settlement? I would propose mediation, but assume she won’t join either. (Mediation is also inconvenient, because I now live in Sweden.) So what is the most economically wise way to press for a timely settlement with a partner who wants to delay the settlement?

  • rubytuesday
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20 Apr 16 #477146 by rubytuesday
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The Wikivorce calculator is purely a number crunching machine, it doesn''t take into account the needs of the parties and any variables that may impact on a fair settlement.

You would be better making use of the Wikivorce Financial Consultation service with an experienced family law solicitor to get a better idea of what is fair to both you and your wife, where you stand legally and your options for moving forwards.

There are mediators who will hold sessions via video calls for either one or both parties, so mediation isn''t necessarily a dead end. And if you don;t offer mediation to your wife, you''ll not know if she is prepared to attend.

It could be that she has spent the past 4 weeks considering your proposal, getting her own legal advice and is formulating a counter proposal. It''s not always the case that no communication equals no action.

Ultimately if she won''t engage or consider your proposal or make a counter proposal, you will need to make an application to court for a Judge to resolve the financial issues. You will have to attend hearings in person, and it can be costly of you engage a solicitor.

  • s59
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21 Apr 16 #477203 by s59
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I wonder if there are mediators who will do things over VC - Skype or similar? A quick Google search suggests that there are family mediators who will do sessions via VC, maybe propose this?

  • Man38
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22 Apr 16 #477300 by Man38
Reply from Man38
Firstly you should prepare yourself for a long wait, if your ex wants to drag things out there is not much you can do. She does not have to respond to your offer if she doesn''t want to.

Did either of you make an application to the court for financial settlement? If so then that will specify a path to follow. If not then you should start this process yourself.

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