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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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Consent Order mixed information

  • EFCL
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21 Mar 12 #319284 by EFCL
Topic started by EFCL
Myself and my stbx are doing a DIY divorce very amicably and we have drafted a Consent Order arranging our finances. He is offering me a lump sum payment and we have now both agreed on this and signed the consent order, however, we have been told mixed views about this consent order. Some have said we can not submit it to the court to be rubber stamped until the Decree Nisi date is given, some say we can send it in now even though we haven''t got our nisi date? Also, we have been told that as we have both signed the consent order, it is binding and we can proceed with the lump sum payment before it is rubber stamped by court. Although my stbx doesn''t want to pay me the lump sum until it is finalised in court, which I understand. Can anyone clear up the mixed info?

  • livinginhope
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21 Mar 12 #319286 by livinginhope
Reply from livinginhope
The Consent Order isn''t binding until passed by the Court.It is unlikely,but possible,that a judge will question it''s fairness particularly if you haven''t had legal advice.

  • dukey
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21 Mar 12 #319287 by dukey
Reply from dukey
A Consent Order must be drafted by a family law solicitor.

A Consent Order is dependent on a decree of divorce.

Court will only accept a Consent Order once a judge has decreed the Nisi.

A Consent Order only becomes legally binding once the Decree Absolute is granted.

No money should exchange hands until the order is sealed by a judge and the absolute granted.

Don`t listen to here say, listen to lawyers.

  • EFCL
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21 Mar 12 #319289 by EFCL
Reply from EFCL
Thanks, that clears everything up.

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