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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.


At what stage do the courts look at finances?

  • EGGBOX
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29 Jun 12 #339932 by EGGBOX
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  • livinginhope
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29 Jun 12 #339937 by livinginhope
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After the Decree Nisi is given.

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30 Jun 12 #340012 by EGGBOX
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30 Jun 12 #340020 by hadenoughnow
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If you are amicable, you can agree a settlement between you perhaps with the help of mediation. Wiki peeps can also help. You will need to share financial information. It is frequently a form E completed voluntarily and exchanged. This is the same form that is required by the courts. If you are going through the courts they are exchanged before first appointment so you can raise questions.

If you can negotiate effectively then you can get a Consent Order drawn up and stamped by the court. You do need to take some legal advice to ensure it is appropriate. It is also sensible to have the order drawn up by a solicitor. It need not be expensive. Wiki does a solicitor managed consent order.

Hadenoughnow

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30 Jun 12 #340024 by EGGBOX
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Thank you!

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30 Jun 12 #340050 by EGGBOX
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30 Jun 12 #340058 by hadenoughnow
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How was the Separation Agreement arrived at? Did you have legal advice?

They carry some weight with a court but each financial settlement is decided based on the circumstances on divorce and the provisions of section 25 of the 1973 Matrimonial Causes Act - ie needs first.

You can still go for a Consent Order ..but would need to renegotiate. OR if you cannot agree then you would have to take the court route - but of you are represented and cannot agree, this can be a VERY costly and drawn out exercise. Far better to agree if you can.

Hadenoughnow

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