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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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  • Beaney
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05 Mar 08 #15914 by Beaney
Topic started by Beaney
I have just had notification this morning that my respondent husband has applied to have Absolute pronounced on Fri (2 days time)He has not complied with Consent Order in anyway and I have earlier this week asked the court to enforce it, I have been given a date in April for this hearing but have now written e mail to court this morning asking them to adjourn hearing on Friday as I have hospital appointment at same time and that I object!to Absolute, as all is not settled yet - District Judge has refused to adjourn and hearing will go ahead, which has really shocked me, is there anything I can do as now representing myself ? My husband is asking that I pay the costs for this aswell, (I am unemployed at present) He is represented. What is likely to happen as I feel that I will be out on a limb if Absolute goes ahead ? should I worry ?

  • Louise11
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05 Mar 08 #15921 by Louise11
Reply from Louise11
Beaney

If you have a consent order and its not been complied with then you have every right at this hearing to inform the Judge and ask for costs against your husband. You may not even need the hearing in April if this Judge can sort it out. You can ask the Judge to adjourn the absolute until the previous consent order has been coplied with. If I were you I would be emailing or writing to his solicitor and saying something along the lines of............

Your client has not adhered to the consent order therefore at the Hearing on Friday I will be asking the Judge to award costs against your client. blah blah

Also i think the probable outcome of this hearing will be a directions hearing, show the Judge on Friday that your husband has not complied, I doubt very much the Judge will grant an absolute if the finances have not been sorted, if he/she does I would appeal the decision.

Kind Regards
Louise

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