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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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agreement is it in writing from the court?

  • Stymied
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13 Mar 21 - 13 Mar 21 #516078 by Stymied
Topic started by Stymied
Have used solicitors and and a Barrister and self represented too.

Husband left after 19 years, I obtained Decree Nisi Jan 4th.

At court on Monday last (FDR resolution ), my barrister didn't put my side very well. judge was all for 50/50 of house equity. Husband has spent all savings of 58K on lawyers and tax, apart from remaining 9K which judge said split. (in his name) I have borrowed for my lawyers. I can't afford to go for a final hearing.

I agreed to sell house and split profits. asap. His lawyer wants me to apply for Decree Absolute asap. My barrister just said nothing could happen unless I did. ?

I have marital home rights, the house is in his sole name. if I get a decree absolutle won't i lose my rights to half the house?
I don't trust them an inch, all of the exes lies have been accepted even though I had proof.

Should I get something in writing from the court? or some sort of agreement from the ex? I have signed nothing....

Any ideas? Do the court write to you afterwards outlining agreement? we don't have pensions, children etc, just the house and savings. I had a flat but before marriage which paid most off the marital home. I argued this point but was ignored.


Last edit: 13 Mar 21 by Stymied. Reason: to explain which court hearing

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26 Mar 21 #516227 by wikivorce team
Reply from wikivorce team
You seemed somewhat confused about how the FDR ended.

My best guess (I could be wrong) from your post is that a deal was agreed at the FDR (ie it was agreed to settle and not go to a final hearing). So I assume you agreed to some terms on the day.

Normally the judge will ask one of the lawyers present at the hearing to take on responsibility to draft the order. This almost certainly happened - so someone was given this task, Your barrister will know who.

So at some point you should get to see the written order.

You don't lose home rights on Decree Absolute - as you already have a financial claim in progress through the court.

The absolute should be a formality and applied for just after or alongside the Consent Order.

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26 Mar 21 #516243 by Stymied
Reply from Stymied
Thank you. I thought i would receive a copy of the Consent Order from the court. ( i couldnt remember what it was called - I havent received anything at all).

Its been awful and I dont trust him or his solicitor. Putting off the Decree Absolute seemed like my only insurance. His solicitor has broken the rules twice by forwarding me the exes address - the ex is pretending to be scared of my knowing where he is. ( just drama on his part).

The marital home is up for sale as i cannot afford to buy him out and his solicitor is handling the sale. I brought up the subject of non marital property and mingling as i owned a property before i married him, but the judge wasn't very sympathetic. I also mentioned the lies told on the form E and provided proof, but was told it was only a few thousand £. and not like the ex had stolen or sold a Picasso. ( My queries on the form E were replied to with lies only two days before the 1st hearing)

I sound really paranoid, but i now realise that nothing is beyond the bounds of possibility. The ex would not negotiate, he spent most the £58k savings, told lies and ran a smear campaign.

I am just glad to be out of the whole charade. I am not convinced that the split on the proceeds of the house sale will be correct despite the agreement, a copy of which i expected to see.

I will write to the court and ask for a copy of the Consent Order.

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26 Mar 21 - 26 Mar 21 #516248 by wikivorce team
Reply from wikivorce team
I understand that the whole process is very stressful. Particularly in cases where you believe that the other side is constantly trying to game the system.

The main impact that the Decree Absolute plays at this stage is that the Order is not enforceable until the DA is issued. So having the DA in place gives both parties more reassurance that the other side will comply with their obligations within the order.

e,g, if the order says party A to pay party B a lump sum - and its not paid or not paid on time. Then party B can only go back to court to enforce the payment if a DA is in place.

The thing you need to keep your eye on at this stage are any discrepancies between your recollection of the agreement and the wording in the Consent Order.

The order should accurately and fairly reflect what was agreed on the day and not have been tweaked in someone's favour by the author.
Last edit: 26 Mar 21 by wikivorce team.

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26 Mar 21 #516266 by Stymied
Reply from Stymied
Thank you.

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