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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.


Dispute after First Appointment

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15 Apr 12 #323895 by Diddywinks
Topic started by Diddywinks
I have recently attended my First Appointment hearing. Just prior to this hearing myself and my ex had reached a financial agreement. Therefore at the hearing we informed the Judge of this. He did not want details of the deal, but asked if we were both in agreement of it, to which we both replied ''yes''. He then adjourned the First Appointment, and instructed us to get a Consent Order drawn up. He then said he wanted to see us in 28 days with the consent order and everything will be done and dusted.
My ex has now backed out of this agreement. Where do I stand??

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15 Apr 12 #323908 by dukey
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Did you both exchange full disclosure before agreeing.
Did you both have some legal advice regarding the agreement.
Why has your ex now backed out.

If the answer is no to the first two your back to square one and will need to make an appointment for another FDA.

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15 Apr 12 #323914 by Diddywinks
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Hi Dukey,
Thanks for your reply.
The answer is yes to both questions. She has backed out as she feels the deal is weighted in my favour. That is all she has said on the matter.

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15 Apr 12 #323916 by dukey
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In that case talk to your solicitor about "issuing a Notice to Show Cause why an order should not be made in the agreed terms", it may not work, its down to the judge but if it does it will save you a ton of time and money.

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15 Apr 12 #323919 by Diddywinks
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Fantastic, I''ll get on that tomorrow.
Thanks for your help!

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15 Apr 12 #323922 by Diddywinks
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Would the above notice still be applicable even though there is no Consent Order, or anything in writing? It was just an agreement between ourselves.

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15 Apr 12 #323927 by Diddywinks
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Would the above notice still be applicable even though there was no Consent Order, or anything else in writing? It was just an agreement between ourselves that we had come to via email.

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