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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.


financial orders - international divorce

  • Kulafey
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09 Jun 12 #335853 by Kulafey
Topic started by Kulafey
If I signed a Separation Agreement in Canada where I was married and lived, which was filed with the provincial court, but wasn''t an actual court order is it enforceable in Britain, where I now live?
My understanding is that it only becomes enforceable if it is either registered with the English courts, or if my stbx files for divorce in Canada, making it a federal issue - which I believe then would be enforceable in the UK - is this correct?
I have already started divorce proceedings via the English courts - if I ask for an order to be made here regarding finances, will that then be enforceable in Canada?

The canadian agreement states that I must pay $1000 a month - around 660 pounds, but I am on Jobseekers and DLA and also have a partner and child to support - my stbx is working full time, only earning minimum wage, or slightly over. There were no children from the marriage .We are both in our early 40s and were married 7 years. We separated 3 years ago and I have not been able to pay spousal support for the past 2.

  • jonathancj
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09 Jun 12 #335926 by jonathancj
Reply from jonathancj
If there''s no money, it just can''t be enforced no matter what the legal status of the agreement. English courts don''t generally attempt the impossible!

  • Kulafey
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09 Jun 12 #335936 by Kulafey
Reply from Kulafey
I''m really more concerned with the legal implications of a british court order in Canada. We really want to move back to Canada, but are afraid the original Separation Agreement will take precedence there over any English court ruling??

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