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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 869
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I'm going through a divorce (my Wife is divorcing me).

Resolved Question:

Hello, I'm going through a divorce (my Wife is divorcing me). We have the decree nisi and I have exchanged financial forms with her solicitors. The idea is that we are going to try and sort out finances. My question is, now the forms have been exchanged, who makes the first 'proposal' regarding the finances? I'm keen to get this whole thing over and done with so I'm not sure if I should be waiting for something from hher solicitors or if I need to go first. Also, if I do go first and put in a proposal, is there a template I can use to ensure I think of everything? Many thanks... Mark
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask - have you been referred to mediation yet?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes, we had 2 sessions but then the mediator said to stop. Unfortunately we were unable to agree on certain issues and the things we did agree to do, my Wife did not stick to.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Mark
Thank you for confirming that for me.
To answer your initial question - there is no template to make a proposal and anyone can make the first offer.
Now that you have full disclosure its a case of working out an offer that you think is fair. Do however scrutinise the full disclosure that you have been given. Are there any large withdrawals or purchases? if there are then you can by all means ask for further information to be provided before you make an offer to settle.
Heres a few tips for you:
- offer less initially so that you have room to move
- write the words 'without prejudice' on the top of your correspondence. Any letter so headed is not intended to be seen by the Judge (it is sometimes referred to as ‘closed correspondence’, as against ‘open correspondence’, which is not headed ‘Without Prejudice’). The Judge will not see any settlement proposals contained in the letter, unless those proposals are accepted by the party on the other side.
If yo can agree through solicitor negotiation - your wifes solicitor will draw up a consent order in the terms that you have agreed.
It really is worth asking a solicitor to review this agreement for you - to make sure that it is in your interest. A solicitor would normally charge about £200 for this type of instruction.
Please do not hesitate to ask if I can assist you further.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Many thanks for your response... very helpful.