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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.


Overuling of mutually agreed financial arrangement

  • emenes
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15 Aug 12 #349628 by emenes
Topic started by emenes
Hi,
I have been separated from my wife for coming up to 5 years. No children are involved. We have a financial agreement in place which has worked during the years. I am considering whether to divorce or not. I need to ask whether a judge would challenge/order a change to a mutually acceptable financial arrangement and if they can change it can I them withdraw a divorce request. In other words if my wife and I say that we are both happy with the financial arrangements can a judge order differently and if they do that can we then say well forget it then?
:huh:

  • WhiteRose
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15 Aug 12 #349634 by WhiteRose
Reply from WhiteRose
Hi,

Welcome to wiki.

It sounds like what you have is a non-legal pre-divorce agreement.

It relies purely on your word and honour.

What you can do is start the Divorce process, and then get a legally binding financial agreement drawn up and signed by you both - this will be a Clean Break Consent Order.

Of course this can mirror what you already have in place and if you''re both in agreement - this site has a fixed price package (price shown plus add court fees on top) - see the right hand side link: Full Divorce and Financial Settlement £279.00.

If the agreement is deemed unfair to a party, a Judge may ask to see the parties and confirm they know what they are doing/ have had legal advice before they seal the order.

If you''re both in agreement - the whole thing can be dome quickly, cheaply and as painlessly as possible (under the circumstances)

If you want to chat things through - call the free help number shown also on the right.

WR

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15 Aug 12 #349639 by emenes
Reply from emenes
Thank you for this. I am told that the court still has to satisfied that the agreement is fair and reasonable. Does the preparation of the Consent Order you suggest obviate this i.e. if this document is prepared and signed by us both of us the judge can''t change things?

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15 Aug 12 #349645 by WhiteRose
Reply from WhiteRose
The solicitors who you discuss the Consent Order with (who will eventually draw it up for you), can advise you whether your suggestion for division is a fair one for both of you.

Because once an Order is signed, it can not be retracted or revisited at a later date, this is why if a Judge thinks its unfair, they make sure both parties understand what they are signing and if they have had legal advice.

Chat hings through on the help line, they can give you an opinion.

WR

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15 Aug 12 #349654 by emenes
Reply from emenes
Helpful. Many thanks.

  • CaroCalandra1
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03 Sep 12 #353636 by CaroCalandra1
Reply from CaroCalandra1
This was so helpful - thank you both. My ex and I have been to mediation and drawn up a memorandum of agreement, which we are both happy with.

So, we are about to set about starting with Wikivorce for the divorce and the agreement. Do we both need to do this?

And do we have to have one divorce the other? It seems odd when the agreement is mutual, but we will do what it takes.

Thanks
Caroline

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