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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.


Outstanding Financial remedy Issues

  • cherish68
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07 Apr 12 #322208 by cherish68
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Hi all, I was a frequent visitor to this site whilst going through my hellish divorce around 3 years ago and found it a real comfort at times. I never thought I''de be back here after we had divorced and he re-married - but here I am. Following the divorce the house was sold and the assets divided. The only things which remained outstanding were 2 fireplaces and a bathroom set (the house was being demolished). Everything else was divided. When the time came to move I had to pay someone to remove the fireplaces (they were cemented to the walls etc) and the bathroom - all these were given to my brother - I could not sell them although I tried the usual methods such as reclamation and ebay. That was in May 2010. Fast forward to this morning when I received a court summons (typical) from my ex stating that there are outstanding financial remedies and that his circumstances have changed because he now has financial responsibility of the children. I am up to date with maintenance and see my children every other weekend and during the school holidays. I really thought he had moved on - sadly not - I am now faced with these court papers and am unsure what it means? I now own my own home and car - can he lay claim to these? Can someone tell me what this actually means? Any advice would be most welcome.

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09 Apr 12 #322558 by happyagain
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Did you get a Consent Order approved by a judge? If so then I think he would find it difficult to revive his claim

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13 Apr 12 #323446 by cherish68
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Hi Happyagain and thanks for your response. I have since found out that no Consent Order was signed - so although he has been re-married 3 years in November - we have no Clean Break either. The division of assets were not solely reliant on me having the children living with me, but also on the fact he is a high earner, owned half of his mothers house, had wracked up all the dept and this would be a clean break - no pension sharing, spousal maintenance or a claim on his mothers property. He seems to have forgotten all this and the new hearing for trial is under the original court reference number. I have had a response from another wickier who tells me that unless I live in a mansion my ex will be fighting a losing battle if it can be proved that agreement was reached under the xydhias rule. I am using the original solicitors who dealt with
the original negotiations - so hopefully things should be clearer once they have reviewed the file and find out what my ex is actually after now.

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13 Apr 12 #323448 by cookie2
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Who was the Petitioner in your divorce?

If it was him, then did he tick the financial remedy boxes on the original petition?

What does your solicitor say about this?

  • Fiona
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13 Apr 12 #323451 by Fiona
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If a Consent Order was finalised through solicitors and was fair at the time it is an agreement, and the court can make an order in the terms of the agreement even though it wasn''t signed.

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21 Aug 12 #351011 by cherish68
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The case was dismissed last Friday - The judge considered that agreement had been negotiated and reached by both parties acting through sols and was perplexed as to why a Consent Order were not sought. The judge concluded that both parties had acted upon that agreement over the last couple of years and it had been fair at the time. Ex argued that his situation had changed (residency of our child, new wife, no job etc), but judge felt this had no bearing on the case in hand. The judge deemed the original agreement fair. The fact ex had negotiated out of spousal maintenance also worked in my favour as the judge considered this of monetary value. Ex was also ordered to pay 75% of costs. I cant quite believe its over!!!

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21 Aug 12 #351025 by Fiona
Reply from Fiona
Glad to hear the matter was resolved. Thanks for letting us know the outcome. Onwards and upwards from now on then. :)

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