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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Child Arrangements

  • koplegend
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06 Jun 12 #335251 by koplegend
Topic started by koplegend
Hello,

My wife and I have mutually agreed to divorce however the situation is complicated in that she is expecting our second child in around three months.

We have one child already who is 20 months old.

In terms of how we will look after them both we have this agreed however how do I account for the unborn child when filling out the form relating to child arrangements, and is it even possible to apply for divorce now based on this.

Unfortunately, for personal reasons, we want to get the over and done with ASAP, so are hoping we dont have to wait.

Any advice would be appreciated.

Thanks

  • jslgb
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06 Jun 12 #335254 by jslgb
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Hello there,

I cant offer any legal advice, just experience! If you want a quick divorce you need to agree grounds. These could be either unreasonable behaviour or adultery (not sure if there is more..). My solicitor has told me before that if everyone agrees etc the divorce can take as little as 4 to 5 months. From what you have said your baby is due in 3 months, so i imagine by the time it comes to agreeing child arrangements the child would already be born? I''m sure someone will correct me if i am wrong......

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06 Jun 12 #335258 by koplegend
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Thank you. But do you not have to submit a statement of child arrangements at the same time as the divorce paperwork?

  • Emma8485
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06 Jun 12 #335259 by Emma8485
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Yes you do, there is a statement of arrangements which needs to be completed. This is with the Petition.
Its not legally binding, but it outlines to the court that you have considered the children and that no order needs to be considered by the court in respect of the children.

Ive no experience with this particular situation and hopefully a legal Wiki will answer but I would have thought you would just put on it when the baby is due and what the arrangements will be in future.

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