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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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16 Apr 12 #324197 by SMCD2005
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Thanks for your comments; I didn''t know anything about a separation Petition so certainly haven''t renamed anything. However I understand the point you''re making. I will seek further advice; the solicitor with whom I had an initial appointment indicated that UB didn''t need to be as "unreasonable" as one would imagine. Thank you.

  • sexysadie
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16 Apr 12 #324198 by sexysadie
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You could add to each of your points something to the effect of how distressed this has made you.

Best wishes,
Sadie

  • soulruler
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16 Apr 12 #324201 by soulruler
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I agree with Sadie just put in that the situation is distressing and unacceptable to both parties. Neither of you can live together and want a divorce.

All the best sounds like you have both mutually come to an agreement. I would add that a recent precedent in High Court by Lord Justice Thorpe confirmed that we are moving to non fault divorce.

In that case a man wanted a divorce from his wife and he petitioned but the wife did not agree and she confirmed that she could not really fault his conduct (and he couldn''t really fault hers but didn''t want to remain married and living with her).

She refused his Petition and he appealed and got the petition granted. I believe the name of the family was Rae you could look that up if it is of interest - was only less than a month that this was in High Court.

  • cookie2
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16 Apr 12 #324204 by cookie2
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SMCD2005 wrote:

the solicitor with whom I had an initial appointment indicated that UB didn''t need to be as "unreasonable" as one would imagine. Thank you.

Yes that is true, they do not have to be major offences or anything like that. But I think you''ve gone too far the wrong way. You do have to give examples of unreasonable behaviour by your spouse (not you, and not mutual). I meant the UB that you have written looks very much like a separation Petition under a different name.

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16 Apr 12 #324208 by soulruler
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I think that what Cookie says makes sense in the way things stand at present.

Talk to your stbx and explain your view and that you are going to need to put on the Petition that this is your view and the reasons why you alone are petitioning - yes maybe otherwize one judge could conclude it is a seperation agreement rather than a divorce petition. Your stbx can then return the petition stating that she also agrees that the marriage has broken down.

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