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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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When can I start divorce proceedings?

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20 Sep 07 #3721 by velvet
Topic started by velvet
Hi there, new member here... just a quick question.

My husband and I are seperated and have agreed to two years seperation and consent.

I was wondering however, when the two years legally starts from and we'd be able to start proceedings.

Would it be from the December when we agreed to end the marriage and he moved into the spare room or the date he actually moved out the house? (Which was the following April and it'd be quite nice to start sooner than later!!)

Thanks,
V
:)

  • mike62
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20 Sep 07 #3724 by mike62
Reply from mike62
Velvet,

As I understand it, the marriage is over when the two of you say it is. That is to say, when you stop living as a couple (sharing cooking, laundry, bedroom).

If your STBX (soon to be ex) agrees that it was December, then that is when the clock starts.

Best of luck

Mike

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21 Sep 07 #3741 by gone1
Reply from gone1
I agree with Mike. Its when you say it is. I have heard it said that people back date the 2 years. I cant condone it. Why dont you just go for UB and get it over with now? I cant see the point of hanging around 2 years. If its over its over. Chris.

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21 Sep 07 #3784 by velvet
Reply from velvet
Thank you for that guys :)

It'll be two years this coming December so not long before we can get the ball rolling. Truthfully ChrisM; there was no UB, we just realised we had nothing more to give to each other and that we wanted different things in life.

If he keeps to his word it'll be a paper excercise. There are no children and the house was sold with equity split 50/50.

I'm one of the lucky ones I guess. (I hope!)

V

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21 Sep 07 #3789 by mike62
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Velvet,
It may be a paper exercise to a point, but the general advice here seems to be to get a sol to give the forms a final once over, to make sure that you haven't missed anything, or are agreeing to something unfair or inappropriate.

Best of luck with it

Mike ;)

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21 Sep 07 #3794 by velvet
Reply from velvet
Oh I fully intend to go through a solicitor, what I meant is that there shouldn't be any complications. I don't believe there is anything left to sort out.
V

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