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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.


Is this the correct process

  • Millie73
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03 Apr 12 #321385 by Millie73
Topic started by Millie73
I''m trying to do my divorce myself. Served Petition on ex via the courts. Ex not acknowledged receipt via D10 but has instructed solicitors to draw up Consent Order on financials before she will Acknowledge the service. I have received several letters from her solicitors.

Basically she wants me to agree to all her financial terms in exchange for the divorce.

I''ve been reading through past posts and I think I''ve discovered I can complete a D11 Application Notice asking for court to make an order for Deemed Service for the divorce petition. Which will then allow the Divorce to progress. I can attach the letters from her solicitor but should I also complete a separate affidavit to support the Application?

Grateful for some advice please.

  • Marshy_
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03 Apr 12 #321394 by Marshy_
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Ok someone will correct me. I thought, that you cant have a CO until you had a Nisi. That in theory gives you 6 weeks and a day before Absolute to negotiate it and it becomes live.

If she has acknowledged the service then she has returned it. Thats what I thought the acknowledgement was. Hopefully someone will come along with more accurate information so hold fire for a bit. C.

  • dukey
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03 Apr 12 #321397 by dukey
Reply from dukey
Spot on Marshy no Nisi no CO.

If she won''t return D10 then you will have to have her served,I wonder why she won''t acknowledge service when you have a financial agreement?.

  • Millie73
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03 Apr 12 #321403 by Millie73
Reply from Millie73
Yes, I understand that too. No NISI, no Consent Order.


Basically, her solicitors have drawn up a Consent Order, with everything she wants. They want me to sign that (or she does) before she formally Acknowledges service to the courts.

I don''t agree to her terms. But if I can get the divorce underway, then it can be done down the proper channels if necessary - exchange of E forms and reach a mutual agreement.

Can I go down the Form D11 route as I mentioned?

  • jonathancj
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03 Apr 12 #321417 by jonathancj
Reply from jonathancj
As you don''t agree, clearly you shouldn''t sign it just to get her to agree to the divorce proceeding as deemed service is an available option. I wouldn''t bother with the bailiff is her solicitor has admitted in an open letter that she has received the Petition. You just need to make sure that it is actually express in one of the letters.

  • Millie73
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03 Apr 12 #321418 by Millie73
Reply from Millie73
Exactly.

Have I got the right forms though - the D11 to ask for an order as ''service Deemed'' and back it up with her solicitor''s letters and an affidavit?

Many thanks

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03 Apr 12 #321419 by confused 101
Reply from confused 101
My STBX also refused to acknowledge receipt .. I handed him another copy and then signed an affidavid form D80B which the court supplied me and swore against my signature at the court office I attached copies of letters received from his solicitors which clearly indecated he had the original Petition and I was then granted my Nisi ....

Hope that helps

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