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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

  • Josh2008
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26 Jan 08 #11946 by Josh2008
Reply from Josh2008
DO NOT cross out the relief part in the petition, what you will be doing is taking away the ability of the court to decide on ancillary relief, without leave of the court

What you then need to do is set up an informal agreement by your spouse and yourself, and in that you need to encompass that neither wants any claims over the other now, or in the future.

That document can then be submitted to a court along with a Consent Order to make it legally binding.

As long as a Judge will deem it fair he will rubber stamp it, if there appears to be an imbalance on either side, the judge may require further explanation

  • wscowell
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28 Jan 08 #12121 by wscowell
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If the Court is to make an order in ancillary relief - any order at all, even "Clean Break, each pays the other nothing" - it is still an order, you need to ask for one.

An order gives certainty, aline across the books, full & final settlement, you get the idea. No order at all leaves things open, uncertainty, possibility of an application later, out of the blue, when you are back on your feet financially etc.

So the advice is always to get an order, and this starts by you telling the court, in the petition, that you will be wanting one. Even if it's to be a clean break order.

Will C

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02 Feb 08 #12631 by hagridsdad
Reply from hagridsdad
thanks for the advice thus far.
How and where in the petition would I word it that I am asking for a clean break order?
Thanks again

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02 Feb 08 #12633 by Josh2008
Reply from Josh2008
In the petition the part headed 'Prayer' do not cross out the ancillary relief

You cannot ask for a clean break in the petition

You need to make an agreement between yourselves and present it to court along with form D81 Statement of information for consent

In your agreement you need to state that neither party wants any financial claims against the other now or in the future.

As long as the Judge is satisfied, even if queried and answers are accepted he will 'rubber stamp' it and it will then be legally binding

You need to ensure that the basic information required on the D81 is declared truthfully; otherwise one party can at a later date challenge the ruling

Hope this helps

  • wscowell
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04 Feb 08 #12761 by wscowell
Reply from wscowell
Josh is right. All you can say in the Petition is that you will be wanting an Order.

You say what kind of Order later. The important thing is that you leave the door open by having that part of the "prayer" of the Petition.

And yes, if you do reach agreement later as to the terms of such Order - even if only "each gets nothing from the other" - you put it into an appropriately worded document and accompany it with a Statement of Information.

This form is unhelpfully known as a Form M1 in the Family Proceedings Rules 1991 but as a Form D81 in the Court. The two terms are interchangeable.

Will C

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