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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.

Settling out of court advice please

3 replies

Emsy999 · 15/12/2024 16:08

Ex husband has made me an out of court offer which is lower than I would get if I pushed through to April for the final hearing. Once I've taken into consideration barrister fees and stress I'm seriously considering it. He wants to buy me out with money lent to him by his family. He is saying he can only afford a set amount which includes me paying half of cost of sale and early repayment mortgage fees (the last judge said I shouldn't be paying towards the cost of sale) but he is including it saying he can't afford to pay me any more. Considering his family have lent him enough to pay off the remaining mortgage it's a load of rubbish.

Anyway... my question is if we were to settle out of court what fees are we looking at? I take it we have to draft a consent order and do it through a solicitor? Will we have to pay this seeing as I've already paid the £500 to take him to court in the first place? I'm just trying to factor in all costs to help me make my decision.

Also, times scales... How long does it take to get a judge to ok a consent order? I need my equity to put down for a deposit for a shared ownership property that is available now. Does it take a long time?

Thank you.

OP posts:
Mumof3confused · 15/12/2024 18:56

Ask that he pays all fees as part of the package

LemonTT · 15/12/2024 19:18

It’s his first offer. Work out something that is better than that. Put a deadline on it for him to agree. The fact that he has offered means he has blinked. He won’t have gone as far as he can go.

At the moment you aren’t any better or worse off between court and the settlement. He is better off with the settlement. Go back with his base offer plus 80% of the court costs. Be willing to settle at something lower but not lower than 50%.

Emsy999 · 15/12/2024 22:04

He is saying he can't afford anymore and he is so stubborn if I don't agree to this he will dig his heels in and go to court. I know he is getting the better deal but I need to move on and get my money to secure a shared ownership place (they come and go so quickly).

When you say court costs what do you mean @LemonTT ?? Do you mean costs to finalise the consent order?

Thank you!

OP posts:
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