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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.


What do I do next?

  • suzy_sue46
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31 Jan 08 #12488 by suzy_sue46
Topic started by suzy_sue46
Hi guys

need a bit of advice as I`m hoping to do most of the legal stuff myself except the drafting of the Consent Order.

Been to court today and petitioned for divorce, just got a receipt no case number or anything and told I would receive acknowledgement within the next 5 days.

Picked up form A as we have the marital home and child maintenance to formalise so when do I apply for ancillary relief?

Presumable the next course of action is to receive a copy of his acknowledgement which is when I complete the affidavit and get it sworn at court, my solicitor mentioned a special precautions form that I need to return at the same time but as she is wanting the business didn`t go into great details, what is this? Do I need it and where can I get it from?

I also picked up a couple of copies for form E. The agreement with ex is that we both complete it then get together to go through it and answer any questions the other might have(we`ve already got a draft Consent Order to cover everything anyway) In discussions with solicitor she said she has that back and if I don`t want her to query items on it then I have to sign a disclaimer saying she has not advised me in anyway regarding the financial settlement (needless to say she was as helpful as a chocolate fireguard hence me doing the majority myself) So where does form E go? Does the solicitor need it to draft the consent order or can I just instruct her what we have agreed and file the papers to court (the court office said we both had to take them there and swear an oath?)

Sorry to rant just could do with procedures clarifying, thanks very much in advance.

Sue x

  • attilladahun
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03 Feb 08 #12740 by attilladahun
Reply from attilladahun
If Petition is unreasonable behaviour the affidavit needed is
www.hmcourts-service.gov.uk/courtfinder/forms/d80b_1203.pdf

The form to apply for Direction for trial is this:
www.hmcourts-service.gov.uk/courtfinder/forms/d84_1298.pdf

How do I fill it in guidance here:
www.hmcourts-service.gov.uk/courtfinder/forms/d186.pdf

To get details of what to do if you want to apply for a financial order (Ancillary Relief) see here
www.hmcourts-service.gov.uk/courtfinder/forms/d190_0405.pdf

The form E form needed is here:
www.hmcourts-service.gov.uk/courtfinder/forms/form_e_1205.pdf

How do I fill in the form guidance here:
www.hmcourts-service.gov.uk/courtfinder/...orm_e_notes_1205.pdf

BUT if you have reached agreement this is NOT the proceedure to adopt
You have a Minute of Agreement prepared and lodge this with a Statement of Financial Information prepared and signed by both parties and lodge with a £30 fee

Form is here:
www.hmcourts-service.gov.uk/courtfinder/forms/d81_e1205.pdf

Some County Courts insist a Form A is filed for dismissal purposes but the Court Office will tell you that
If so form is here:http://www.hmcourts-service.gov.uk/courtfinder/forms/form_a_1205.pdf

If H & W are unrepresented the DJ will list for a 10 min appointment to approve the same.

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10 Feb 08 #13435 by suzy_sue46
Reply from suzy_sue46
Thanks Atilla,

your help is much appreciated, spoke to court and she confused me even more, not difficult at the mo!

I`ll await s2bx response to petition then may be back for more advice, thanks for PM will send details once I know how he`s going to play it.

Thanks again

Sue

  • Fiona
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10 Feb 08 #13438 by Fiona
Reply from Fiona
When there is mutual agreement there is no need to apply for ancillary relief, just submit your Consent Order along with a simplified financial form D81 to the court for approval.

If you can't agree normally the courts are not able to make a financial provision order, other than an interim order, before the nisi so no point applying for ancillary relief until the divorce application progresses.

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09 Mar 08 #16255 by suzy_sue46
Reply from suzy_sue46
I`d just like to say a very big thank you to Attilla who via PM has helped me to draft a Clean Break Consent Order. Needless to say this has saved me a lot of time, trouble and money. I will need to change names etc and get my solicitor to look it over, but you have done sterling work on my behalf and I thank you from the bottom of my heart.

Keep up the good work :)

Suzy

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