General Financial Settlement Advice

[CODED1982]

Hi,

Bit of background. I separated from my wife in August 2021 after finding out she was having an affair. After a period of adjustment and sorting things out she moved out of the family home and I moved back in September 2021. I started divorce proceedings in Feb 2022 and my Decree NISI is due to be announced early April. I appointed solicitor to help with a financial settlement, their advice was to look at a simple 50/50 split of assets and pensions etc. This initial advice has cost me just short of £500, to minimise costs I have tried to discuss a 50/50 split with my ex-wife, I got a CETV for my pension and even completed my half of a statement of information form. I explained to my wife that legal costs should be kept to a minimum and that we should look to complete as much of the paperwork ourselves, however she has refused to discuss or communicate with me on the matter just stating she is in no rush to sort this out, which is odd as she stands to gain from any settlement, I just want to draw a line under our marriage so I can move on without this hanging over me.
For completeness some basic Info: -

• House Equity = £40,000 (House is in my sole name not that makes a difference!)
• My Pension = £41,000 (since co-habitation)
• Her Pension = Circa £5,000 - 10,000
• No Savings
• Martial Debt = £20,000

My solicitor hasn’t been very responsive, and all correspondence is chargeable, so I’d be grateful for some advice or help with the following: -

1. As this process drags on and my pension pot increases and potentially the equity in the house is my wife entitled to my pension/equity as it is now or as it was when we separated?
2. What happens when one party refuses to respond or engage in the financial settlement process - Can I proceed with a consent order or am I trapped in uncertainty?
3. If I can’t raise funds to pay her half the equity in the house, will I be forced to sell my house? We have two children and I have the kids 50% but as I work from home, they spend most of the time with me as she doesn’t return home until after 6.30pm every day.

Apologies for the ramblings any assistance would be greatly appreciated.

[atticus]

1. Now, or rather at the time of decision.

2. A consent order reqires something called consent, or, to put it another way, agreement. You will not get a consent order unless both parties agree to it. The alternative is an order imposed by the court, or of course no order/agreement at all.

3. Other options may have to be considered, which provide for the children to have a roof over their heads until the youngest is 18.

[Sam101]

Has your wife been advised by her own solicitor? It may be considered to be unfair if only one side is legally represented.

Although costs are important, it is more important that you are both made aware of your legal rights and there may be a chance of an earlier settlement when solicitors are involved for both husband and wife.