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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.


Draft consent order advice please

  • livinginhope
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28 Mar 12 #320452 by livinginhope
Topic started by livinginhope
I''m using Wikivorce service for Financials.A mistake was made when first Draft was drawn up.I pointed it out and it has now been rectified and another Draft Consent Order has been emailed to me.

When I received the first Draft and notified Solicitor of the error I also said that I did not want to use their Solicitor for Conveyancing of Sale of matrimonial home.I would prefer to use a local solicitor for that as I may be buying at the same time as selling.However the second Draft Consent Order still states that the solicitor handling Consent Order will be doing the Conveyencing.Is this necessary? If we sign the this Order can we later choose another solicitor to handle the sale or should I again ask that this is removed from the Draft before we sign it?

I want to get everything 100% correct to avoid any problems later.

  • dukey
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28 Mar 12 #320453 by dukey
Reply from dukey
Its not a problem, call them again, maybe it would be best not to name a specific solicitor, it can just say the convening will be arranged by mutual consent, which is more common than naming one.

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28 Mar 12 #320455 by livinginhope
Reply from livinginhope
Thanks Dukey.The wording you are suggesting is what I would prefer.

  • wikivorce team
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28 Mar 12 #320459 by wikivorce team
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I have spoken to the wiki solicitor for you.

The wording should be something like...
"the Petitioner / applicant''s solicitor to have conduct of the sale"

This means that you (rather than your ex) has control of the sale.
It doesn''t mean the wiki solicitor must do it - it means any solicitor that you choose.

The wiki solicitors do not usually get involved in the conveyancing ( though they have done on occasions in the past).

Does that help?

Call the wiki solicitor if you are still in any doubt.

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28 Mar 12 #320466 by livinginhope
Reply from livinginhope
Thank you.It is the wording you have used and it does mean that I,rather than STBX,will choose the Solicitor doing the Conveyencing.
I appreciate your help.

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