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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

At a loss walk away? Financial order details?cost? Pensions?What to do?

4 replies

Mum35x · 14/12/2019 01:55

I got divorced earlier this year. Still haven't done any financial consent and didn't do form e although I am aware Exh has a private pension which he has paid into for 30 years. We agree's 60/40 split on the sale of the home which is in his name but no order has been drawn up yet. I was wondering what the cost is usually as have been quoted £1k to £1200 from my solicitor. I would also like to know if it covers things like debt (Exh name was on most of the debt with me being secondary holder)
Instead of the 60/40 could I suggest a sum....there is hardly any equity in the house. I'm at a loss and really don't know what to do. I have spent over 2k on this already and thats just the divorce ..nothing else. I am on my own now with our dd who he doesn't see but pays maintence for.

What would you do?

Thanks x

OP posts:
millymollymoomoo · 14/12/2019 08:33

You need to do form e and bring his pension and any other assets into the mix. Only then can you determine what ‘fair’ looks like

NotSuchASmugMarriedNow1 · 14/12/2019 08:42

There's probably £200k in a 30 year old pension. You need to get the CETV.

How come there's no equity in the property?

RoseMartha · 14/12/2019 10:04

Seek some legal advice. You should be able to get a free half hour appointment from most solicitors. Most of them close for ten days at Christmas though so either try and see someone next week or book for New Year now.

Techway · 15/12/2019 09:35

You should have a consent order as it draws a line under the finances, otherwise there is no finality.

I can imagine your Ex is delighted that you are effectively walking away with no commitment to receiving any money! A solicitor doesn't usually allow a decree absolute when there are assets. Did you get advice?

What is happening re house sale? A conveyancing solicitor usually won't split the house proceeds without that consent order.

A judge is unlikely to sign off a consent order until they see the total assets from the marriage because they have a duty to protect you. That evidence is the FormE.

If there is a pension then you are likely to get way more than the costs of a financial consent order.

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