Advice on financial settlements in Divorce

Shortarmsdeeppockets_2 · 30 June 2013 at 8:22PM

Hello all,

I'm currently going through divorce proceedings and would like some advice on anyone's experiences with the financial settlement aspect of things. In particular I'm interested in peoples experiences of mediation verses going to court. Also the division of the house, some have said I could be entitled to up to 70% of the equity as I have 2 young children (I'm not living in the family home, he is, he refused to leave to rent, whilst expecting me to!)

Also how much will it cost to go through court? I have a solicitor who seems more interested in billing me at the moment than offering any advice which is not 'fence' based!

TIA

SADP

littleme82 · 30 June 2013 at 9:31PM

Hi it's always best to try and keep matters out of court. The rules have changed in that before you can make an application to the court to decide on financial or children's matters you do need to attend a MIAM appointment. This is a Mediation Information Assessment Meeting. The mediator would see you and your spouse separately to decide if its suitable for mediation. If your spouse refuses to attend you would be given Form FM1 which would be needed to form part of your court application.

It's always best to try and when possible stay away from court. It's very costly and if your case goes to all 3 hearings your costs could reach as much as £20,000

I would speak to your solicitor and ask them for guidance as to taking proactive steps forward. Have you exchanged financial information voluntarily?

In respect of settlements, the starting point is always equality and then the needs of each party would be considered. If there are children the would be the courts paramount consideration.

Hope that helps you.

(I am in the legal industry so know what I'm talking about. This is not legal advice to you personally as I don't know the circumstances of your case but generalised advice)