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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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


In need of help on this tricky road.

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04 Feb 08 #12778 by phoenix1
Topic started by phoenix1
This might be a really easy answer for some of you, dare I say '' Experienced people'' out there. I am in the process of divorcing my wife but we have agreed to separate first and have also agreed that if I give her an agreed lump some she will not ask for anything else and will walk away. How can we make this legally binding?

Thanks in advance

Broken1

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04 Feb 08 #12781 by gone1
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Dont just give her money. What you need to do is draw up an agreement that this is a Clean Break settlement. Get a solicitor to finalise it and she must also take it to a solicitor. You both **must** seek legal advice for this agreement. There is also a cleen break form from HMCS that your sol should submit to have this turned into an order.

The problem with agreements of this kind is that unless the person signing has not been given legal advice then it can be dismissed later. Make sure that both of you have sought legal advice. Dont hand over any money until you have. Ask me how I know this. I was caught out in exactly the same way. Chris.

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04 Feb 08 #12783 by mike62
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Broken,
What you are talking about is a clean break settlement between you and your wife.

Can't remember your circumstances exactly. Do you have children? If so, you can't have a completely clean break, as you have child maintenance obligations until your child reaches 18 or 19 in full time education.

You can still have a clean break as far as your obligations to your wife go.

Suggest that you set up an appointment for mediation and agree a fair settlement between yourself and wife. Once agreed, this can be written up as a Consent Order and incorporated in your divorce. You both need to take legal advice before a judge would accept the consent order.

Best of luck broken1, I know what a nightmare this has been for you already

Mike

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04 Feb 08 #12785 by phoenix1
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I have a 16 year old stepson. I have also already agreed a ''fee'' with my wife want I dont want to happen is to end up paying for the stepson as I think that is so wrong. Can I just get her to sign it without legal advice?

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04 Feb 08 #12788 by mike62
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No you can't as she could come back later and claim she wasn't properly advised. The order (agreement) could be overturned and you are back at square 1 and she has already had her money - No Way!

Does she get child maintenance for 16 yo from his father?

Mike

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04 Feb 08 #12791 by phoenix1
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No, father is around but despite having a nice house and flash car can't afford to pay anything towards his son. CSA gave up ages ago as he is a builder and gets cash most of the time.
So I have supported them both for the last 7 years, 3 married.

Things are so unfair. How can she tell me that I have done nothing wrong it's just her wild side that lead to her sleeping around but it's me that is getting punished for it.

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04 Feb 08 #12793 by gone1
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The only thing you did wrong was marry her. Learn to be cynical. Its self protection. In future ask yourself searching questions. The real crime is not to learn by mistakes. Dont get caught again. If you are young enough find someone who does not have children and have your own with this person. Blood children are more likely to stay with you then stepchildren. Stepchildren are only yours when you are with the mother. Seeing as most children side with mum then you are history. Its common. Bad but true. Chris.

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