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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.

 

No clean break

  • Getmeoutofthisnightmare
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19 Aug 24 #523773 by Getmeoutofthisnightmare
Topic started by Getmeoutofthisnightmare
Hi All,
Does anyone have experience of what happens in court when an ex partner has been awarded 5 years of spousal maintenance with a possibility of extension.

Can she go after more than just an extension of the established maintenance were set based on needs, is there disclosure involved etc ? struggling to find information on this point.

the judge made it clear to her that she had 5 years to establish herself and find work.

Any insights would be great. thanks!

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19 Aug 24 - 19 Aug 24 #523774 by WYSPECIAL
Reply from WYSPECIAL
There would have to be financial disclosure and they would have to be able to demonstrate a need for the spousal maintenance. It can’t just be that they like getting it and would love it to continue.

What were the circumstances at the time of your divorce and what is the exact wording of your order (remove any names, addresses etc before you post)?
Last edit: 19 Aug 24 by WYSPECIAL.

  • Getmeoutofthisnightmare
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24 Aug 25 #526342 by Getmeoutofthisnightmare
Reply from Getmeoutofthisnightmare
All,
Looking for anyone who has experienced something like following, looking for a recommendation on a really strong solicitor who may be able to help.

Been divorced for 4 years, Ex caused 100s of thousands of pounds to be wasted fighting every step of the way, through courts, arbitration, 8 different sets of solicitors, delays through false accusations etc etc (financial award/order took years after divorce to sort)

Finally got final hearing, outcome was a 70/30 split in her favour , she also retained family home for 12 months with me paying mortgage and then keeps 100% of proceeds to rehome mortgage free.

She refused to sign/accept court award, had to go back and a judge signed on her behalf, all costs for that against her. she refused to put house on market and she took back to court claiming a barder event, judges dismissed and all costs against her, she made (and has done throughout) false accusations of abuse, hiding assets, spying on her and all of manner of things to the police, bought up in court - judge dismissed.

Now finally house on market and she is refusing to allow anyone to see it claims that the court order says “House must be marketed “ - so wont let agents have key or people to view.

In the mean time I am on the hook for mortgage with no end .. she has a 5 year spousal maintenance with an option to renew but court order makes it clear she is expected to gain independence and is also sharing in bonus during the 5 years from my efforts, given the stress she is giving with ongoing police investigations, blackmail, mortgage with no end, multiple court cases all being dismissed, current threat of yet another attempt at keeping the house with a new angle she has dreamt up.

Looking for a solicitor that would be able to aggressively get a restraining order against her and also argue to change the award to a Clean Break due to the ongoing behavior - just not right that someone years after can continue to do this and not allow to move on…

Thoughts?

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