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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.


Reasons for UB acceptable?

  • SMCD2005
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15 Apr 12 #323924 by SMCD2005
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I have read some other posts and info on this site about suitable reasons to quote in the Petition, but would be grateful if my reasons, below, could be reviewed and any comments made. My stbx and I are in agreement with everything so far, so all will hopefully be uncontested;

Respondent and Petitioner have occupied separate bedrooms since June 2011
Respondent socialises and holidays separately from petitioner
Respondent and petitioner have not had an intimate relationship since mid 2010
Respondent and petitioner are not able to communicate regarding day to day matters and have no common interests.

Is this sufficient and is the wording appropriate?
Thanks, in advance SM

  • kingpleb
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15 Apr 12 #323926 by kingpleb
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Hi,

From what I''ve read so far on here it could be acceptable although some items stipulate 24months apart but if you are both in agreement then a court shouldn''t find any fault with it.

  • SMCD2005
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15 Apr 12 #323932 by SMCD2005
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Thanks. As far as I understand, including initial legal advice from a solicitor, you can do the 2 years separation uncontested or 5 years separation routes, or you can Petition on UB grounds, without a specific amount of time lapsing, if there are suitable reasons.

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15 Apr 12 #323933 by kingpleb
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I''d say your covered then by the looks of it :)

Guess your lucky that its not being contested and you have both agreed not to cause problems :)

Wish mine could be so simple!

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15 Apr 12 #323935 by SMCD2005
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You''re right, it''s certainly easier than I thought it would be and yes, I know I''m very lucky! Still, we''re not there yet and it could all go pear-shaped! I guess the fact that he has been divorced before means he wants it to be as painless as possible! Good luck with yours.

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15 Apr 12 #323949 by kingpleb
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thanks SMCD and ill keep my fingers crossed for you.

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16 Apr 12 #324119 by cookie2
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I do not think your UB grounds are sufficient. They are not really quoting any unreasonable behaviour by your ex. This is simply a separation Petition under a different name.

SMCD2005 wrote:

Respondent and Petitioner have occupied separate bedrooms since June 2011

This is separation. It does not imply any UB by your ex.

Respondent socialises and holidays separately from petitioner

Again, this proves separation. It does not prove unreasonable behaviour. You could say for example, "The respondent has no interest in spending holidays/free time with the petitioner", but only if this is a CAUSE of the divorce, not a result.

Respondent and Petitioner have not had an intimate relationship since mid 2010

Again, this proves separation. It does not prove unreasonable behaviour. You would have to say "The respondent refuses to be intimate with the petitioner leading to the petitioner feeling neglected and unloved"

Respondent and petitioner are not able to communicate regarding day to day matters and have no common interests.

Again is this as a result of the separation or is it a cause of the marriage breakdown?


In an UB Petition, you must tell the court why the marriage broke down and why it is the respondent''s fault. You can''t just rename a separation Petition.

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