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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

  • MrsMathsisfun
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20 May 15 #461696 by MrsMathsisfun
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Is your witness to the comment independent? ie not a family member/friend.

Have you gone back to court. What is the court saying?

  • Jane2014
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20 May 15 #461717 by Jane2014
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Yes it was an independent witness, my trauma psychologist.

The order was not approved by the judge but the next judge said order had to stand as I had signed it and basically said barrister was at fault and I should take it up with her.

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20 May 15 #461749 by MrsMathsisfun
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Who asked for the clause to be included?

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21 May 15 #461778 by Jane2014
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From what my Barrister states in response to my complaint she would have included this clause if I had not signed the Consent Order.

Another question! I had already had a full medical report done on my trauma resulting from emotional abuse which was in the bundle. She was totally aware of my problems that I cannot remain assertive under these conditions and give in due to fear. I had paid 1000k for this. Why would she want another medical done as we already had one and to put me through the horrendous ordeal of having to talk about the abuse?

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21 May 15 #461779 by MrsMathsisfun
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Possible you would have needed another medical report to show that you were incapable of making the decision and possible that you would need someone to make the decision on your behalf. If a medical report had shown that you were capable of making decisions the other side would have been able to make claims for costs? I am only guessing on what you have said.

Your medical report would have been about your inability to work not about your ability to make legal decisions.

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21 May 15 #461781 by Jane2014
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I was capable of making decisions I was saying no to the consent order. I did not need anyone to make the decision for me. The medical report covered all aspects of my health and it stated I was unable to work due to my maladaptive way of giving in under pressure and I had to regain the confidence that I am allowed to say no!

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21 May 15 #461794 by MrsMathsisfun
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Sorry but dont think you can claim that you are capable of making a decision for yourself, then claim that you signed under duress, because medically you are unable to show free will in certain situations

Either you were in a fit state to agree or not.

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