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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.


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Consent order

  • maisymoos
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03 Apr 12 #321353 by maisymoos
Topic started by maisymoos
It was agreed at my FH that my barrister would draw up Consent Order in consultation with my exs barrister. This is well underway. Yesterday my solicitor informed me that his solicitors have drawn up a consent Oder and asked for a short further hearing in court.

There remain several points of dispute, including when SM should be payable from, who should conduct house sale ( I am getting all equity left) but my ex wants a joint instruction??

How does this now work?

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03 Apr 12 #321362 by TBagpuss
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if those issues were not agreed / ordered at the hearing then usually they would be negotiated or, if that fails, submitted to the court to determine.

Were your ex''s solicitors at court? Have they been reminded that the court requested your barraister to draft the order?

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03 Apr 12 #321368 by maisymoos
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Hi and thanks T Bagpuss.

My solicitor sent my exs solicitor a letter to that effect yesterday. There is a long history to his solcitors actions that seem to ignore all protocol, it has been a continuous uphill battle.

The same happened when my solicitor wrote to my ex I advising him that I would be divorcing him on grounds of adultery, he ignored this letter and submitted his own divorce petition to a court 400 miles away!!

Is it a case that because he has written the Consent Order the one we have drafted now gets ignored?

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03 Apr 12 #321369 by MrsMathsisfun
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Sounds like a very confused position at present just when you thought it was all nearly over!!

What was your understanding of the situation?

Who is paying the mortgage on the FMH? if you are then you would think that SM would start once DA issued.

I would think the house would have to be sold jointly to stop one party holding up the other, but I am just guessing!!!

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03 Apr 12 #321407 by maisymoos
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Jamydee

It is Oh so confusing. There was a neglible mortgage on the FMH at point of separation. But my ex has borrowed a considerable amount against the FMH to purchase himself a new home. So yes he is paying for the mortgage but only to house himself in the property way way above his housing need.

My argument therefore being why should periodical payments wait until after the sale and I suffer the detriment due to the fact that he has created these mortgage payments to house himself in a property £300k higher than his housing need of £350k. The £350k housing need figure was agreed by the judge.

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03 Apr 12 #321409 by MrsMathsisfun
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Yes definitely a complex situation!!

So the mortgage on the FMH is actually his mortgage for his new house.

So you need the sm to live not just to continue to live in the house whilst its sold.

Think a trip back to court for a bit of clarification needed!!!

Good luck, you have come so far and it will soon be over!!

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03 Apr 12 #321424 by maisymoos
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Yes Jaymdee you''ve got it.

Thanks yes I think its back to court for me
:(

Just hope the judge gets it too. Fingers X''d.

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