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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.


Certificate of entitlement to a decree

  • Phoenix1963
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07 May 12 #328943 by Phoenix1963
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Hi all,

Got two notices after applying for a decree(citing unreasonable behaviour) Nisi recently. First notice says facts are proved.

First is "Certificate of entitlement to a decree"

It states that a hearing will take place for the pronouncement of the decree - there is a note at the end saying:- "Unless the decree or any of the orders is opposed, it is unnecessary for any party to appear for the pronouncement" AND "Any party to these proceedings may be heard on the question of costs.... A party will not be heard unless he/she has served notice of intention to attend... and to apply for or to oppose the making of an order for costs..."

Q1:- Should I attend?
Q2:- I filed for DV and shared care order - ex has opposed the shared care (still ongoing), so again should I attend on this basis?
Q3:- Do all the applications (DV, child and finance) get lumped in to one cost decision?

Second notice seems to pertain to our child and states that - "section 41 of the Mtrimonial Causes Act applies and the court does (or may) need to exercise it''s powers under the Children Act but is satisfied there are no exceptional circumstances which make it desirable that it should give direction under section 41(2)..."

Q4:- Do I need to worry about this?

Any pointers would be most welcome.I''m anticipating that ex will cerainly want costs awarding against me. Whole process started by her filing for DV which I was advised to ignore and then I filed for DV, ancilliary and most importantly, shared care.

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07 May 12 #328946 by blonde cazza
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Im no pro but i got one too and my hearing is tomorrow..im not attending as my ex has said he will pay costs...if i cooperatate...
I too had about the statement of arrangements for our son which he doesnt stick too been told its not legally binding!

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08 May 12 #329114 by cookie2
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Q1 - no
Q2 - no
Q3 - no, the costs order talked about here is only the costs for the divorce
Q4 - no

Who was Petitioner, and what was said about costs? Was the costs box (part 10 section 2) ticked? What did the D10 say about costs? Has an agreement been reached?

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08 May 12 #329257 by Phoenix1963
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Hi Cookie,

I''m the Petitioner and as far as I can recall I ticked the box saying I would claim - unfortunately, the form (D10)is away at a solicitor I used and they haven''t returned it (until I settle the bill!!) As it happens I''m happy to pay my own costs as I have mostly self-repped. Costs are court fees aren''t they?

I have a nasty feeling that ex WILL try to recover her costs so that''s why it might be important to go. Or would this be discussed at Absolute stage?

Fiance has been agreed in terms of the ex got the house and me a paltry pay-off - otherwise, the contents she has reneged on and wouldn''t agree toa 50/50 split or equivalent value.

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09 May 12 #329379 by cookie2
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Divorce costs are court fees and solicitors fees for dealing with the legal side of the divorce.

A Petitioner will never have to pay respondent''s costs for the divorce.

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09 May 12 #329562 by Phoenix1963
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Thank you Cookie.

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