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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 & Buying a new home

  • orwell1987
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22 Apr 12 #325745 by orwell1987
Topic started by orwell1987
Hi all .... I am currently helping my partner through his Divorce. I work in the legal sector so I am doing the majority of the work on his behalf. The whole process has been a nightmare! He petitioned for Divorce on grounds of his ex''s unreasonable behaviour back in April 2011. The Decree Nisi was granted in Nov 2011 and we are still trying to sort out the financial provision. Neither party wants anything from the other and there are no jointly owned assetts so we are trying to obtain a Clean Break Order. His ex does not see why this is required and has refused to provide any financial documents so we have been able to sort out an alternative route or applying for the Order by was of Consent Order so she only had to hand insert the details on the Application Form. She is refusing to complete the papers and is being difficult. My partner has already spent in the region of £3,000.00 in solicitor fees and if she doesnt sign he will have just wasted £500 for the preparation of those documents.

Is there any way of having the Divorce granted with no financial provision in place or will this put all our assetts at risk and put us at risk of being liable for her debts even after they are divorced?

Also, me any my partner are looking to buy our first home. If we exchange/complete prior to the Divorce being finalised then will she be able to claim any money from us or acquire a share of the equity in the house with her still being his wife?

I would apreciate some advice as I''m at my wits end with all this. She is sooooo difficult!

Thanks in advance for your help!


  • cookie2
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23 Apr 12 #325859 by cookie2
Reply from cookie2
If she is refusing to sign a consent order or clean break then he should apply to court for Ancillary Relief. This will scare the living crap out of his ex, and when she realizes the consequences, she will probably sign the consent order.

If he is Petitioner and is sure that there would be no grounds for his ex to block the Absolute, then he can apply for it.

You should not buy a house until he has finalized the finances of his marriage.

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