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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.


Our consent order.

  • Louise11
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14 Oct 07 #4696 by Louise11
Topic started by Louise11
I am writing this post to ask if anyone would like to see our Consent Order. I.E. how its written and what you are all aiming for?
If so, then i will post it. But I will have to type it out so if its of interest to anyone then let me know and i will do it.

Kind ones
Louise

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14 Oct 07 #4697 by Louise11
Reply from Louise11
Seems a few of you do so here it is.

Our 3 year long awaited consent order (that we received Saturday) !


General Form of Order
-Ancillary Relief. In the Toptown County Court. Case No.....********
Applicant's Solicitor's Reference
****bags.
Respondent's Solicitor's
reference.

The marriage of Mr XYZ and XYZ

Before District Judge Fairness sitting at Toptown County Court, 60 Toptown Street, Toptown, TB2 5LJ

IT IS ORDERED THAT in relation to Mrs L XYZ's application to be an intervenor in these proceedings, such application is withdrawn.

In relation to orders in ancillary relief

UPON hearing Counsel for the Applicant and the Respondent appearing in person.

AND UPON the Court releasing the Applicant from her undertaking dated 5 December 2006

For the avoidance of doubt, the S37 application is herby dismissed.

AND UPON the Applicant and Respondent agreeing that the terms of this order are accepted in full and final satisfaction of all claims for income, capital and pension sharing orders and of any nature whatsoever which either may be entitled to bring against the other or the other's estate in any jurisdiction howsoever arising.

AND UPON the parties agreeing that each party shall retain the assets currently owned by them.

AND UPON the parties understanding that the Respondent will not voluntarily retire until he is 55.

BY CONSENT, IT IS ORDERED THAT:

1. The Respondent do pay to the Applicant a lump sum of £2,100 (Two thousand one hundred pounds) by 4pm on 5 November 2007.

2. There be a pension sharing order in favour of the Applicant in the terms of the pension sharing annex attached hereto.

3. Save as aforesaid, the Applicant wife’s claims for financial provision, pension share and property adjustment do stand dismissed and the Applicant wife shall not be entitled to make any further application in relation to their marriage under Matrimonial Causes act 1973 S23 (1) (a) or (b).

4. Neither party shall be entitled on the death of the other to apply for an order for provision out of the others estate under the Inheritance (Provision for Family and Dependants) Act 1975.

5) There be no order for costs in relation to this application save for the avoidance of doubt, the costs order of 5 December 2006 still stands.


The attached pension form is just a pension sharing order FPR 1991, r2.70 (13, (14). Its just a standard form that explains to the Pension manager the name of the transferor and transferee, it has his name and her name on it his national insurance number, how much to transfer in terms of percentage and the address of place of work.

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