Financial Settlement - What would be fair?

mgdavid

74jax wrote: »

..........

Re husbands inheritance, no this shouldn't come in to it.

Can you justify or back this up with any references?


Because as rpc said in post #8:
"all assets are joint marital assets until an order is in place (this is in E&W, a little different in Scotland)."
and there's no financial order in place yet.

74jax

paigesaunt wrote: »

In my position, would you initially include what he has inherited and negotiate downwards until he just agrees to pay off the charging order, which is all I really want?
Thoughts anyone..

mgdavid wrote: »

Can you justify or back this up with any references?

mgdavid I was reply to the question 'would you initially......' so I was reply what I would do (that's just how I read the question'. If the OP wants a legal standing they pay for it, I was just reply what I would do. I can back it up by saying that is exactly what i did, separated from hubby, he received inheritance but we were already separated so i didn't include it. But again it's just my view on what i would do in the situation to op asked about.


Hope that makes sense, I may have read the question wrong.

paigesaunt

Thanks for all the helpful comments, I really appreciate it.
I'm not in a very good position financially so there's no way I can pay £300 an hour for legal advice, but I can use all the free resources I can, so that's what I do.
I check website daily for new court cases/rulings that could be similar. I check all the forums, I speak to people who have been through it etc etc.

I do my best with what I have and try to keep positive to be able to get up and go to work each day.

paigesaunt

Hi All
Given all the information above, if you received this email from your STBX how would you respond? Not sure why he doesn't want his solicitor involved anymore.

I am happy to discuss options & any negotiation direct in order to draw a conclusion to our affairs.
If you would like to give me an insight of what you are expecting then hopefully we can begin to sort things out mutually.

Your thoughts anyone

paigesaunt

My apologies for the confusion, it was a while ago since the first post. Since posting we attempted to negotiate directly, STBX the got nasty and said we're going to court, a year later it's back to trying to negotiate directly again.

Savvy_Sue

Call me suspicious, but my theory would be along the lines of "my solicitor says if we go to court you'll get more than I want you to, so I'm hoping that if we negotiate direct I can beat you down to the minimal amount I'm prepared to pay."

paigesaunt

Exactly my thought Sue!
He's clearly forgotten he has no control over my emotions anymore.

Slinky

paigesaunt wrote: »

I don't know if that acceptable or not, I have got a copy of the will, but I heard mention that the executors are going to carry out the wishes of a later unsigned will (not sell the rentals, but give the residule beneficiarys an income) obviously the signed one was submitted for probate purposes.
All designed no doubt so I don't benefit from my sons inheritance.

That isn't legal

iammumtoone

You really need a solicitor you need to find the money. Given what you have said he has not done this for your benefit, he has done it after getting legal advice.


You have two other adults in the house put their rent up. look at where you can reduce spending (post your SOA on the debt free board, posters will help you with this). Can you borrow from anybody?


Somehow you need to get the money for help with legal advise, it will be more than worth it to you in the end.

paigesaunt

Thanks all for the advice, I have taken on board the fact that I need legal advice but I just can't at the moment. I have addressed the rent issue with my son, and he agrees it's not fair on me so we'll see.

Should I suggest exchanging form E voluntarily? Or should I ask for what I need straight off, no messing about?