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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.

 

Sepatation agreement and consent order

  • Leyla Smith
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09 Dec 15 #470577 by Leyla Smith
Topic started by Leyla Smith
I have got a question:

Is it ok to do a Separation Agreement (just as a protection that I will give my husband half of the money before the Consent Order takes place)????Is it a legally bandied document, please?

And can I mention only the money I’m giving him in the separation agreement, rather than all the detail about how much money I have, how much money he has got……)

Once its signed can we send the separation agreement together with the consent order to court? Or in the consent order I need to state the child maintenance (which we agree that I’m happy not to give him the rest of the money…but I’m happy not to receive any child benefit for 4 years?

What do you think I should do? What to put where please?????

Any advice is welcome.

Thank you

L

  • WYSPECIAL
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09 Dec 15 #470581 by WYSPECIAL
Reply from WYSPECIAL
Separation agreements are not legally binding, a consent order is.

If there is full financial disclosure and you both have legal advice the court will take it into consideration when you want to convert it into a consent order but they are not forced to.

An order stating that you waive your rights to child maintenance is not legally enforceable.

  • Leyla Smith
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09 Dec 15 #470586 by Leyla Smith
Reply from Leyla Smith
Thank you for reply,

Correct me if I’m wrong but what you are saying is there is no point doing the Separation agreement if all the finances are not going to be disclosed…I.e 10K will be there…but if our agreement between myself and my husband are not going to accepted i.e. and nor legally enforceable……I don’t see any point doing it….

The point to do the separation agreement was because he wants the 10K now…..as we are not near the consent order route….

What would be the legal document for out child? Is a child agreement form a legal document? And both of us can stick to it?

Thank you

L

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