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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.

 

What does this mean

  • Jane2014
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19 May 15 #461662 by Jane2014
Topic started by Jane2014
Hi I wonder if anyone could explain what the following means. I have no idea what so ever!

In addition there was provision in the court order for an agreed order to be signed by the parties in default of which a date was to be requested so that medical evidence could be obtained in respect of Mrs xxxxx capacity and consideration given to a Litigation Friend.

I questioned where this was in the Court Order and received the following response, I don''t know what this means either.

I am unable to comment on the Court Order save to say that the default position would only come into effect if the Consent Order had not been signed by both parties. I understand that it was signed by both parties and hence the Court Order in the form that you have received.

I would be very grateful is someone could explain what is being said.

  • SuperStepDad
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19 May 15 #461664 by SuperStepDad
Reply from SuperStepDad
No idea! Which track is this, financial?

  • Jane2014
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19 May 15 #461668 by Jane2014
Reply from Jane2014
Not sure what track it is as I have no idea what it means apart from it is regarding a consent order so I put it in Court although it could be financial!

I have made a complaint regarding my barrister and this was the response, not helping me as I cant understand it!

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19 May 15 #461670 by SuperStepDad
Reply from SuperStepDad
Suggest you be more specific as I have absolutely no idea what you are speaking of!

  • Jane2014
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19 May 15 #461674 by Jane2014
Reply from Jane2014
I will try!

I attended court for a final hearing. I would not sign the consent order as I was giving virtually everything away ie. I would receive 19% of the assets. My Barrister told me that if I did not sign the consent order she would have to deem me as unstable and I would have to go for a medical report costing 1000K

I sent a complaint regarding my Barrister stating that I signed under undue influence. She has stated that she did not say this but thank goodness I had a witness.

The complaint has not been upheld and the reason was as stated in my first post which I do not understand.

Whether this will help you I am not sure but thank you.

  • MrsMathsisfun
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20 May 15 #461690 by MrsMathsisfun
Reply from MrsMathsisfun
It sounds like it was that a clause was going to be included in a court order if you failed to sign, however as you did sign it didnt need to be included.

Who hasnt upheld the complaint that you signed unduress the court or the barrister?

  • Jane2014
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20 May 15 #461692 by Jane2014
Reply from Jane2014
Thanks for your reply.

Why did the Barrister not tell me she could add that clause rather than making me sign?

The Barrister has not upheld my complaint she denies the unstable remark!

Looking at the clause carefully reading between the lines why is she questioning my capacity? To me it does appear she was questioning my stability. Does that not show I did not wish to sign and as I didnt want to she questiioned my stability. Apart from the fact the order was unlawful!

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