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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.


Implications of the petition?

  • MalcolmY
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19 May 12 #331605 by MalcolmY
Topic started by MalcolmY
Hi - new to all this and have to say the resources here are a great help.

One thing that has got me wondering when it comes to starting the process - our marriage has been ''off'' for years and now we are both agreed on separation and divorce, wanting to achieve as quick as poss and amicably.

However, the process it seems is one has to request divorce from the other? Is there a mutual option?

If not - does living in separate rooms for over two years but in the same house count as separation? And what are the implications of being the petitioner and the respondent?

thanks

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20 May 12 #331758 by cookie2
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MalcolmY wrote:

Is there a mutual option?

The closest would be 2 years separation with consent. Apart from that, no. There always must be a Petitioner and a respondent.

does living in separate rooms for over two years but in the same house count as separation?

No. It is possible to be separated in the same house but it is not so simple as living in different rooms. You must live totally separate lives, that means no cleaning, cooking, washing, shopping together.

And what are the implications of being the petitioner and the respondent?

The petitioner controls the timescale of the divorce. That is the only difference. There are no financial implications, there''s no"punishment" for adultery or unreasonable behaviour.

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20 May 12 #331882 by MalcolmY
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hmmm - there is no reason like adultery or anything, aside from not being able to stand each other''s company and we''ve muddled through the last four years, finally to run out of road. It seems that separation, i.e. I leave, would penalise me, yet we both agree and want to sort this out asap and amicably so it''s fair for both.

What is deemed ''unreasonable behaviour''? Off to find out.

thanks

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