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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.


NISI

  • blonde cazza
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03 May 12 #328233 by blonde cazza
Topic started by blonde cazza
my Nisi is due to be read on tuseday now i have two questions..first does the Absolute have to be applied for seperatly i have asked my ex if he can confirm if hes going to apply he ignores text.Second question statements of arrangements for our son was ammended by me he senta copy and this went to the court he has never said he doesnt agree with it or told his sol or the court...so what do i do as the judge has gone with the new arragements...he should be picking our son up from school two days a week...hes only just told me he cant do it but its too late to inform the court.

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03 May 12 #328235 by Emma8485
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Hi the Absolute can be applied for by the Petitioner after the Nisi - I think its six weeks and one day. The respondent can apply if the Petitioner doesnt, but I dont know how that works.

The statement of arrangement for children simply informs the court of the current arrangement, its not an order or anything, so the court wont have any interest in whether he can collect the children or not. I am not sure what you mean by "judge has gone with the new arrangements"? All my decree said was that there were two identified children of the family and no order under the MAtrimonial Causes act was required. Only a Contact Order or Shared Residency Order will show times, dates etc that are binding, but they are binding on the PWC and not the NRP. What I mean by that is that even if he had a contact order for those days, if he chooses not to have them then you cant force him to. Frustrating maybe but its the reality - I learned quickly to live with it!

The statement of arrangements for my children is about three times as much contact as their dad chooses to have....

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03 May 12 #328239 by blonde cazza
Reply from blonde cazza
Hi Emma
Thanks for your reply...im the Respondant in the divorce so has the Absolute got to be applied for 6wks and one day after?...and do i have to sign it too like the petition?
My statements of arrangements said my son lives with me my ex has him fri 6pm to sun 9am and i added for him to pick our son up for two days a week...my solicitor sent the amended form to the court...it is not an order but was agreed through the solicitors.

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03 May 12 #328243 by Emma8485
Reply from Emma8485
hi yes he would normally apply and no you dont need to sign anything - it can be any time after that date, doesnt need to be on the day precisely.

My point about the statement of arrangements is that its not legally binding, and I very swiftly discovered that my ex wasnt going to adhere to it as it didnt suit him all the time cos of his social life, so dont pin your hopes on him always doing what he is meant to - hopefully he will, but be prepared for the alternative

take care x

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