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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.


Getting a court hearing.

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15 Dec 07 #9088 by dun
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15 Dec 07 #9091 by gone1
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I dont understand this as all the paperwork dealt with by the court is copies. The original must be available for inspection if needed. Perhaps this is what he means. There is nothing wrong with ringing the court and asking them. I have rung up and asked my court and they were very helpful.

If you wanted I think you can request the original officialy thru the court. I have never done anything like this soz. Hope U get what U need. Chris.

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15 Dec 07 #9092 by Fiona
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I can understand the frustration it took us over 4 years to divorce, but I don't understand this either. If the AR was sorted 3 years ago is the problem that it wasn't done in such a way as to be legally binding?

When parties agree there is no need for a hearing to hear the two sides, they both 'consent' and the if the judge is happy with the original agreement and it's seen to be fair he/she will approve it.

If agreement is no longer forthcoming then a court hearing would be needed to rule and some weight would be given to a previous written agreement if legal advice had been sought and the terms were deemed fair.

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15 Dec 07 #9095 by attilladahun
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It may be that there was a clear written agreement and the other side who were then sent a signed Minute of Agreement to sign and file with the Court has failed to do so.

If there was a clear agreement and you have not tried to resile from the agreement there may be an enforceable agreement folloeing a case called Xydhias v Xydhias.

To enforce that your solr shouls apply for a directions hrg and claim the costs of and incidental to that as the O/S have delayed implementing the agreement.

To succeed in a X v X situation:

1. Prove the agreement
2 Show you have not resiled from it
3 The Court has to approve it is fair.

Now if the agreement cannot be proved a totally diff sitauation exists

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16 Dec 07 #9122 by dun
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16 Dec 07 #9126 by Fiona
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OK, if the original isn't forthcoming as Attila suggests the thing to do is to apply for directions. The only way of rendering a written agreement enforceable, in order to ensure that the applicant obtains the agreed transfers and payments or to protect the respondent from future claims, is to convert the concluded agreement into an order of the court. Remember court staff can only advise on procedure and they aren't able to give legal advice.

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17 Dec 07 #9168 by dun
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