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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 hearing

  • wesley1127
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25 Jul 12 #345306 by wesley1127
Topic started by wesley1127
we submitted a Consent Order which was drawn up by my ex wifes solicitors,and signed by us both, the consent form was sent into court but was sent back for both parties solicitors to sign , my solicitor signed it and the other sides solicitor refusing to sign as they stated that thier client was not happy because she had not had " full and frank disclosure on the form E " they wrote a covering letter to the court to explain why they could not sign and now the DJ has listed this for a hearing where both parties will have to go in court . Does anyone know what is likely to happen at this hearing ? my ex agreed and signed it but what if she was to go back on her word ,what should i do because it has cost me thousands .
Can i ask for costs because she is backing out of a concluded agreement ?
What would be the best way to approach this? i just want to move on with my life.

  • QPRanger
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25 Jul 12 #345312 by QPRanger
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What does your solicitor say about the complaint that they have not had a full and frank disclosure on the form E? Is there anything not on there that should be?
I''m sure you would rather be forewarned of what is going to be said in court...

  • TBagpuss
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25 Jul 12 #345358 by TBagpuss
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Was a statement of information filed? If so, your ex may be saying that she diod not realise, until she aw that, what the value of all the assets was, and is no longer happy with the agreement.

It is worhth asking her/her solicitors to clarify what she was not aware of and whether she has anything specific in mind. It may be that (for instance) it is a relatively easy fix - if she had thought that the total assets were x, and settled for a sum which was 5o% of that, but now sees that they atre y, she may simply want 50% of the true figure, which you may be able to agree.

concludd agreement - it depends very much whether she is right in saying that she had not had full disclosure. If she had full disclosure but it wasn''t on form E, then it is for her to show that the agreement shouldn''t be upheld (assuming you have evidence that she had, in fact, agreed)

If she agreed but had not, in fact, had full disclsoure than it is unlikely that the cout would uphold the order in light of her change of mind, but it will depend very much on the specifics

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25 Jul 12 #345391 by wesley1127
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my ex alleged that i own properties which she doesnt know about and i have bank accounts in the Uk and overseas which have not been disclosed , this is not the case but we were given a long questionaire which we did not address as both parties came to an agreement and a consent was drawn up which i submitted to court.

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25 Jul 12 #345393 by wesley1127
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A statement of information was filed with the consent together with a schedule of properties , assets have been split 50 /50 and i am paying her a £10000 lump sum towards her fees , but we have 4 children who are all with her so maybe she thinks she can get a bigger cut if she pulls out .

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