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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.


Clean Break Order

  • 015894
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16 Apr 12 #324236 by 015894
Topic started by 015894
Hi,

I wonder if anyone can help... I have recently filed for divorce(no solicitor, just filed myself) and am now considering how to go about a Clean Break Order. I need to do as cheaply as possible so was thinking of using an on line company but I have one concern about it. My ex husband and I have come to the agreement that he will receive no share of property or money that was accrued during the marriage. There are several reasons behind this, but primarily it is his idea and he is insistent he wants nothing. My concern is how will this be viewed by a judge? Is it going to be difficult to convince a judge that this is ok? If a judge would accept as we in agreement can I file this myself also? Or should I go to the other extreme and get a solicitor as the situation is slightly unusual? The marriage lasted just over 3 years and we have no children. Any help would be appreciated.

Thanks

  • cookie2
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16 Apr 12 #324238 by cookie2
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It would depend on the figures. If the Consent Order is grossly unfair then a judge may reject it. But they do accept a fairly broad range and as long as he is not being sent away with the shirt on his back then it''s probably good.

You can use this website, they do a Clean Break for £139, that is about the cheapest I''d go. Any cheaper, you''re not going to get a real solicitor doing it.

  • LittleMrMike
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16 Apr 12 #324246 by LittleMrMike
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I think I''d broadly support what cookie says. You will both have to complete a form setting out your respective financial positions so that the judge can assess the fairness of the proposed order.

The fact that the marriage is short and - crucially - that there are no children, would suggest a Clean Break is likely to be appropriate.

LMM

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