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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.


Statement of case help for DIY divorce please?

  • dukey
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19 May 12 #331568 by dukey
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When you take this to court ask a clerk to make sure you`ve got it right, if your lucky they may have a quick look, most will say we don`t offer legal advice, the mantra of court staff these days.

The financial agreement is completed by a Consent Order, you will need a solicitor for this though, its not expensive, wiki do them for £139, but thats after the Decree Nisi, the CO will dismiss claims on assets for the future, if you have kids under 18 you will almost certainly have a nominal order for spousal maintenance which means if your wife needs extra help in cash terms in the future she can ask, it does not mean she will get it its more of a safety net for the parent with care.

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19 May 12 #331571 by Allbymyself
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So with my children being 4 and 7 does that mean I will not get a consent order? Sorry, I''m very confused by all of this... :blush:

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19 May 12 #331574 by dukey
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Yes you will and you must have one.

So claims on assets wont be allowed once the judge stamps the consent order, but within the order will be a nominal order for SM, they are rarely used though, what it means is say your ex lost her job or became ill and could not work, she can ask court to make you pay some more money mainly for the kids benefit, this can only happen though if you earn enough and can afford to pay while she needs the help.

In reality you have nothing to worry about.

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19 May 12 #331582 by Allbymyself
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Fantastic, thanks for your help. Just one more thing quickly, when you said to ask the clerk if they would check its correct, do you mean to see that my reasons are ok or to check the rest of the form is filled out right? Do you think my reasons will be accepted by a judge as they are?

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19 May 12 #331584 by dukey
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No they wont read the reasons its the other parts that are easy to get wrong, usually s3 and s10 on D8.

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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