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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.


Separated under the same roof

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30 Mar 12 #320832 by cookie2
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I don''t think anyone on here is going to be able to tell you why a solicitor has given you a certain answer or piece of advice, without seeing all the correspondence in the matter. You would have to ask the solicitor that. And asking the solicitor to explain every detail, is how large solicitors bills build up. Sometimes it''s necessary to ask for an explanation why certain advice has been given, and sometimes it is better to just trust that your solicitor knows best (they do have extensive training after all). Asking your solicitor lots of "I heard on the internet..." or "I heard of a case where..." or "my friend told me..." does not make much sense from a costs point of view. It''s up to you to decide whether the answer to the question is worth the cost of asking it in this case. Often it is not.

If you were a DIY litigant, if you are the Petitioner, and if you''re sure your STBX will not block the Absolute, then I would say just go to the court and collect your Absolute. But I am loathe to advise that because you have a professional acting for you who has given you advice to the contrary. It would not make sense for me or anyone else here, to second-guess your solicitor.

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30 Mar 12 #320842 by mdh0410
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Many thanks for your input, much appreciated

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30 Mar 12 #320875 by livinginhope
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Just to add to what I said in my previous post.I used Wikivorce Solicitor for my Divorce.I was told that whilst the D.Nisi would be granted whilst we were under the same roof the Absolute would not.After the Nisi I again queried that as I realised that does not need to be so in Law.The answer was that the Court/Judge where the Nisi was granted would refuse to grant Absolute because continuing to live together would go against the premise that the marriage wasn''t intolerable ,broken down if we could continue to live together.I did point out that we would be living together for Financial and Housing market reasons and were tied together until the sale of the house.The advice I got back was that we still wouldn''t get the Absolute from the Court who granted the Nisi and I couldn''t go to different Court to apply for it.
I think that would be one very good reason for Wiki to use a different Court for the Divorce service?It does seem bizarre that Courts can seemingly make decisions like these when it is not a matter of Law.

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30 Mar 12 #320894 by mdh0410
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Thats interesting as I am using Wikivorce solicitor.

They have recently come back to me stating that if the property was substantial, ie having separate kitchen and bathroom etc a bar wouldnt be placed on the DA.

We dont have a separate kitchen but have separate everything else..

I also actually thought - maybe because I looked into doing the divorce myself that the Petition would be sent to my local divorce court not the court local to the solicitor.

Living separately under the same roof is certainly not like living together and finding the marriage tolerable - far from it! Oh dear seems this is going to cause me more stress!

Really appreciate your feedback.

M

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30 Mar 12 #320896 by mdh0410
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Actually just thinking out loud, I wonder if I can request that the solicitor sends the Petition to my local court instead as it hasnt been sent as yet as I''m still completing all of the fact finding information etc.... may as the question!

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30 Mar 12 #320917 by livinginhope
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Requesting local Court could be worth doing if that Court is more understanding re living seperately in same house.
It seems ridiculous that the Court will grant Nisi but not Absolute when in the same household.I doubt many houses have 2 kitchens!I would think cooking seperately should suffice.

Good luck with everything and hope it works out ok for you.

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17 Apr 12 #324481 by t1tchy
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We were granted the Decree Nisi while living separately in marital home but clearly stated no Absolute would be granted until evidence was provided of living in separate accommodation. I have just moved out and am renting due to no house sale, and went to local court. They said I have to apply for DA through original court and as more than 12 months have passed it will go back to judge but as for Nisi neither of us have to attend. Sending proof (court clerk thought tenancy agreement and council tax form would be ok but wasn''t certain)this week and fingers crossed it will go smoothly.

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