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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Costs order for financial proceedings

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06 Oct 12 #359615 by SilverFir
Topic started by SilverFir
Question of procedure.

I had thought we''d be going through the full gamut of FA/FDR/FH with a court-imposed settlement, but STBX is currently seeing sense and it''s possible we could agree a Consent Order ahead of the court hearings (and therefore present it to court for approval).

Is a costs order separate to the consent order?

At what point do I ask the court to consider a costs order, which document does it go into (e.g. is it the Statement of Issues)?

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06 Oct 12 #359641 by dukey
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Your way off the mark, costs orders are rare and only happen due to litigant misconduct in AR, if you agree there will be no costs order, even if you don''t and go through court costs tend to be reserved for FH, even then rarely awarded.

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06 Oct 12 #359642 by SilverFir
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But ...

[EDITED]

Scrub that. I worked out what you were saying. That means I''ve got a solicitors bill, caused by the STBX shenanigans when we were doing this under Scottish law, which I can''t force him to pay for.

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06 Oct 12 #359644 by dukey
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Sadly it does silver, unless of course your ex agrees to pay, consent orders are consensual agreements and most end with "there be no order as to costs" or similar.

Sometimes though its worth it just for it to be over and done with.

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06 Oct 12 #359646 by SilverFir
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Ah well. There is a negotiable (monetary) element to the settlement so I''ll try and wrangle it into there.

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