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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.


consent order wording

  • rockandhardplace
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25 Apr 12 #326438 by rockandhardplace
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Hi, i have received the Absolute however we are still trying to find an agreement on the Consent Order that will please the judge as he has rejected it twice (I am giving the ex whatever he wants). The latest draft stated that if I co-habit for a period in excess of 6 months I must vacate the marital home, and that I shall continue to occupy the marital home till 2018 (these are the ex''s demands not mine, and the ex pays the mortgage).
As this will be ruling me for the next 6 years I want to take into consideration future possibilities so my questions are
1) can I request that it be changed to not co-habiting in the marital home?
2) how often must I stay over night in the house per month/year to class it as occupying it?
Thanks

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25 Apr 12 #326440 by dukey
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When a judge refuses to seal an order they usually give an indication why, so what has the judge suggested?, rejected twice, you need to be careful, i assume the judge has asked you to seek legal advice, have you?, the solicitor who wrote the order what have they had to say?.

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25 Apr 12 #326449 by rockandhardplace
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Hi, the judge corrected the Consent Order''s wording (which showed that neither ex nor my solicitors knew how to word it), the judge stated that my position is untenable and concerned that I am not in control of my own destiny, which is why I wanted to clarify the two things.
My solicitor does not really help as I am not willing to take all that I can, (but it is not in my nature and just to be free of the ex is all I want).

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25 Apr 12 #326455 by dukey
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Consent Orders are made of clauses, very often the wording is standard, most of the clauses can be found in Roger Bird`s work "ancillary relief" which can be bought for a fiver from Amazon (other retailers are available")

It sounds as though the judge thinks you are selling yourself short, the judge has a duty of care to make sure on partie is not under duress or as can happen very down and willing to give up assets due the their frame of mind, there are some cases where a guy will buy contact with a child/ren by giving in to the wife`s demands.

If the order is correctly worded (and it sounds like there are some problems with the wording) you best bet is to write the judge and justify the agreement, much the same happened with my order, i was lucky the judge listed a short hearing and i was able to explain why we had agreed what we did, if you want to send the order by PM ill take a look if you like.

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