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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.

 

could my stbx be up to antics?

  • Fiddler
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08 Jun 19 #507945 by Fiddler
Topic started by Fiddler
Had the FDR a month ago. Both litigants in person and amazingly we reached agreement which the DJ drew up there and then and which we both signed.
He said as soon as Decree Nisi pronounced - which was due to be the very next day - he’d make it into a sealed order. Said nothing else for us to do and we’d get the order “in a week or two”.
Well three weeks on and I get a letter saying the Judge has said we should see a solicitor and have a Consent Order drafted which he would then sign off.
What? I thought this was a done deal.
Asked my old solicitor and she said it looks like the DJ has forgotten what he said. I’m not sure I buy that.
Could my stbx have intervened/pestered the judge and made him of the opinion that we haven’t after all reached agreement?
My sol said we have a rose order and it can’t be altered by my stbx. But he is a very manipulative person and I feel it’s more likely he’s raised issues and the judge now feels he can’t - in all clear conscience - sign it off so he’s effectively saying ‘resolve your issues, come back with an agreement and I’ll sign that.’
I haven’t spoken to my stbx and don’t want to. And I want the agreement at the FDR to go ahead.
Any thoughts on whether my suspicions could be correct and if so any ideas on what I should do?

  • hadenoughnow
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09 Jun 19 #507954 by hadenoughnow
Reply from hadenoughnow
It sounds like what you have is a heads of agreement that needs to be properly written up as a consent order. The courts really don't have the facility to do this. Usually if one of the parties is represented, their solicitor would do this.
It is a done deal, but you need to have the order written in proper legal language for the judge to sign.


Hadenoughnow

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