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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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Clean break consent order

  • hagridsdad
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23 Jan 08 #11583 by hagridsdad
Topic started by hagridsdad
My x2b slit up 7 years ago. We have decided to get divorced and neither of us want anything from the other. We are and have been financially independant since the split.

1. Should I delete the 'costs' para and 'ancillary relief' para from the petition? i will be paying the costs myself.

2. We want a Clean Break divorce. I cannot find anything that says what and when i have to submit for a clean break divorce. I have read about a clean break Consent Order but havent a clue what it is or how it is supposed to be worded?

I would be very grateful if someone could give me a nudge in the right direction.

Many thanks

  • Josh2008
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23 Jan 08 #11584 by Josh2008
Reply from Josh2008
You can apply to the court for a 'Clean Break' and neither wanting anything from the other, but it must be done through a Consent Order and ratified by 'rubber stamping'

You only need to declare simple financial facts and providing you both give an explanation as to why you want it that way, the District Judge should agree.

By agreeing to Consent Order now, neither can have any comeback on the other in future, unless deception or fraud was uncovered.

  • wscowell
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23 Jan 08 #11588 by wscowell
Reply from wscowell
Don't delete the ancillary relief part at the end of the Petition, known as the "prayer" of the petition. This is because you will then be taking away the Court's power to make any order in ancillary relief (money & property). A "no order" order is still an order! It will just say "neither seeks any income, capital, property or pension from the other. All rights of action are hereby dismissed. No application against the estate of the other if they die. No costs".

You should however delete any request for costs from the prayer. The divorce will be on a "no fault" basis, so the Court won't be disposed to order costs anyway. Costs are only awarded if there is adultery or unreasonable behaviour, in my experience.

There's a particular way of wording any Clean Break order, and plenty of us here who can help you do that when you reach that stage. Keep in touch, you're in the right place. All the best

Will C

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23 Jan 08 #11595 by Josh2008
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Be interested to know more about the crossing out of all matters relating to 'ancillary relief' in the prayer

My stbx, the petitioner has done this twice and my understanding is that as the petitioner is not seeking 'ancillary relief' I am, does this still preclude the court from dealing with it?

I would have thought that I can proceed for AR despite the crossing out of it in the petitions

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24 Jan 08 #11671 by wscowell
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Josh,

The Petitioner has decided she doesn't want any Orders. If she wants one in future she will have to apply formally to the Court for one, and explain to the Judge why she deleted it at the outset. One more hoop to jump through.

She can't bind you in that way. If you want an Order, you must file an Application for one, in Form A - a standard pre-printed form. It's pretty much a box ticking exercise, but you will have to pay £210. You might, if the two of you agree terms, get away with "Applying in the face of the Court by sending in your draft Order (with Form M1 - Financial Information) with a covering letter saying as much. But the official way, and particularly if you don't reach afreement, is to file Form A.

More later as and when.

Will C

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24 Jan 08 #11785 by Josh2008
Reply from Josh2008
Will C

Thanks for that, this formed part of my defense as mentioned in another post and suitably replied by your good self

Let us presume that I now withdraw my defense, or let it run out of time, can I submit my AR claim without further hindrance, or do I now have to submit an answer requesting AR

I would also be interested to know your considered opinion as to me accepting a 24% split of all assets when in all probability I would be entitled to 50%

How would a Judge view that, sufficient explanation only in 'that is what we agree'

Regards


Josh

  • hagridsdad
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25 Jan 08 #11928 by hagridsdad
Reply from hagridsdad
you say do not delete the relief part of the petition BUT what you say the court will will say is what we both want (i.e. no claim over the other?). Am I misreading your advice.
Sorry if I sound thick to you but just want to get it right!
Many thanks

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