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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Consent Order problems

  • cauliflower
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04 Apr 12 #321698 by cauliflower
Topic started by cauliflower
My ex and I personally agreed the terms of the financial Consent Order. This was done by email so we both have copies of what we discussed and agreed on.

My solicitor sorted the paperwork and we both signed it and agreed to it and it was forwarded to the court to be rubber stamped.

I''ve heard today that the court has returned the paperwork to my solicitor because my ex chose not to get their own solicitor. The court has said my ex either has to take legal advice, or declare he is happy to proceed without legal advice.

Since then other issues have cropped up not connected to the Consent Order. Would it be possible for the ex to threaten to ask for more from the settlement, just out of sheer spite? I''m just worrying and wishing this was all over so I can move on.

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04 Apr 12 #321706 by Action
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As far as I understand, until the Consent Order is ''rubber stamped'' at Court then it is not an official legally binding agreement so your STBX could indeed change his mind.

I suggest that you try to treat it as a formality and hope that your STBX has the common sense to see that having the Consent Order signed and sealed is a significant step forward in getting things sorted between you. Try not to panic (I''m laughing at myself saying that as I have a consent order about to hit the Court and am imagining every possible scenario of what could go wrong) and keep your position firm.

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04 Apr 12 #321711 by cauliflower
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Thanks for the help.

It''s hard not to worry though isn''t it?! Just can''t settle for all the worst case scenarios going through my head!

  • Young again
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05 Apr 12 #321717 by Young again
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Hi CAuliflower,

The court isn''t saying the Consent Order is good or bad. It is a technicality that it just wants confirmation in writing that both parties understand the implications of what they have signed up to.

It is of course possible for your ex to change his mind, it is his right. As you have managed to agree it together perhaps you could talk with him direct about it and see what the problem is now?

Good luck!

YA

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05 Apr 12 #321721 by cauliflower
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Thanks.

Talking nicely isn''t an option now. Things have happened since and he avoids speaking to me now.

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05 Apr 12 #321734 by dukey
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This is a long shot but it may be worth talking to your solicitor about "issuing a Notice to Show Cause why an order should not be made in the agreed terms", it has to be worth a try if it means you have a chance of staying away from court.

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