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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.


Am I being treated/advised fairly?

  • thisisthelasttime
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26 Aug 12 #351993 by thisisthelasttime
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I have just received the Consent Order to complete and have a copy of my STBX''s. Everytime I try and sort through the mess that''s been created I feel inwardly ill.The STBX is coming out of this, or will do with so much compared to me, yet I was the one who paid for everything. It seems so unjust. We lived together for a couple of years before having a Civil Partnership. Twenty months later we are going through a Dissolution. I owned my property prior to living together, she moved in with me, it became marital home. She had her home and two other rental properties, her former home was also rented out.I paid all bills and mortgage. Now I''m having to pay her! I have no claim to her properties or income from them, yet she can claim against "the marital home". How is this fair? Please can someone help me understand this as I gave her everything, now she wants to ruin me? I have to borrow against my mortgage to pay her. I am struggling financially to keep my head above water now:unsure:

  • Stumpylad70
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26 Aug 12 #351996 by Stumpylad70
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I am sorry to hear that. All I can say is that it does seem terribly unfair. I dont even know what to say. Hopefully someone here will have some legal knowledge that will be able to help

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26 Aug 12 #351999 by thisisthelasttime
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Thank you so much Stumpylad, I hope so too!:)

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26 Aug 12 #352001 by dukey
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Before you sign a Consent Order you must be absolutely sure you do agree with all of its terms, do you have a lawyer? who wrote the order?, do you actually understand what your singing?.

Why after a short and childless marriage are you paying her anymore than she brought?.

All sounds a little strange to me.

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26 Aug 12 #352003 by sexysadie
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Are you sure that it''s the Consent Order that you have been given a copy of? Have you agreed to it? Have you had any legal advice?

As far as I am aware, Ancillary Relief in dissolutions is the same as in divorce. Even with the pre-cp cohabitation, yours is a short partnership, so you should each take out what you put in - you should get your home back and she should keep her previously owned properties. Unless you have formally agreed to this in Court or it has been imposed by the Court, then you shouldn''t agree. Certainly don''t sign something that you''ve not agreed to that has just been drawn up by her solicitor.

If all you have is her form E with what she is asking for, relax. Just because she is asking for it you don''t have to give it to her. You should negotiate for a Clean Break that gives you each what you entered the relationship with and an equal share of any joint savings.

Best wishes,
Sadie

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26 Aug 12 #352012 by thisisthelasttime
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Hi Dukey, to be honest I feel a bit pressured into agreeing a settlement figure. Yes I have a solicitor, although I do not have much confidence in him at present and cannot afford to change and start over. My Solicitor has sent the form to me to complete but filled in a few gaps.The form is titled "Statement of Information for a Consent Order..."
I am paying her as she has a claim in my property as it became the marital home? She also claims to have paid money into the property for improvements, contribution to food.
I don''t think I will ever trust anyone ever again after this :S

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26 Aug 12 #352015 by dukey
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The form your being asked to complete is D81 which is sent along with the Consent Order for the judge to consider, you must not sign the CO unless you are sure it is fair, this is for your solicitor to advise.

When your only married for a short time as you are and you have no children together and you don`t you usually both walk away with what you brought, the exceptions are few and far between, is your partner from this country, is she able to work, does she have a disability perhaps, you say she owns a couple of property''s.

Any house two married people live in is known as the marital home, its just a title though and does not mean the person who moves in has a claim.

What kind of money are you paying, a nominal amount to avoid court maybe?.

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