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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.


Advice for Monday!

  • skint1
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16 Jun 12 #337059 by skint1
Topic started by skint1
To cut a long story short my ex left and started divorce proceedings last june. She then decided she wanted everything i had before she divorced me. As i have nothing, no savings/assets etc it isnt a problem. However she then refused to finalise the divorce so i waited the 3 months and a day to submit my request to the court but at that hearing she submitted a solicitors letter stating i had assests that i had failed to disclose and the judge adjourned the hearing for 3 months for her to prove where these assets are! The three months court date is Monday 18th June i have today recieved a "notice of first appointment" for financial disclosure with a court date of the 13th september. This is not an issue as during the past 3 months i have been declared bankrupt and have lost everything. The problem is my original court hearing is on monday which will mean time off work. Will/could a Decree Absolute be issued or will that be adjourned again until the financial staments are submitted?

  • sexysadie
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16 Jun 12 #337089 by sexysadie
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If she has asked that the divorce not be made Absolute until the finances are completed you probably will still not get your Decree Absolute. If you want to speed things up you need to fill in the form E as required for the First Appointment and arrange an exchange with her solicitor in advance. It may then be possible to negotiate or exchange questionnaires before your September court date and either settle before then or turn it into an FDR, when the judge will indicate the likely outcome.

It is in your interests to get the finances sorted so that she does not have a call on your assets later on.

Best wishes,
Sadie

  • skint1
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16 Jun 12 #337110 by skint1
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Thanks for the reply sadie,
I have the form E and all the dates they have to be exchanged/returned by.
When i was declared bankcrupt the insolvency practioner went through my financies with a fine tooth comb leaving me enough money to live on and the "spare" £85 i apparently have i pay to them every month for the next 3 years.
The financial order states she is applying for a secured provision order, a lump sum order, property adjustmant order, periodical payments order, pension sharing order, pension attachment order and pension compensation sharing/attachment order.

I have no savings i have a very small defered pension (£5000 pa)payable on reaching 65 (27 years to go!) my house (in my name only) has been re possesed, my 4 year old car is on hp and i have not contributed to my pension since 2006(we were married in 2008 she left in 2011) I have no inheritance and i do not do the lottery. Hopefully the judge will realise i have nothing to give and that will be that. Will this make the financial issues final or will a "Clean Break order" still be required. Also at what point should i mention that she is named in 3 wills for quite substantial inheritance?

  • Fiona
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16 Jun 12 #337115 by Fiona
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It''s not uncommon to apply for all the orders so that all the options are left open. There is heavy weighting in favour of the Absolute being granted unless the Petitioner can show good cause why it shouldn''t. IF your wife can''t provide evidence that assets existed or were disposed off the judge is likely to grant the absolute I would have thought, although the finances will be dealt with separately.

Potential inheritances aren''t usually relevant unless they are imminent because they aren''t certain. The people leaving money could change their minds and leave everything to the cat home or spend it!

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16 Jun 12 #337118 by skint1
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Thanks Fiona,

Thats what i was wondering, now she has submitted the financial order could the Absolute still be issued on monday? With the finacial issues being dealt with later? Hopefully when the judge sees i have nothing would that be it or will this rumble on and on unless i get a "Clean Break" order?

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16 Jun 12 #337123 by Fiona
Reply from Fiona
Even though the Absolute may be granted financial claims aren''t dismissed until there is an order settling the finances. Sometimes there is confusion about Consent Orders and Clean Breaks.

If an agreement can be reached the court can turn it into an order "by consent" anytime before or during financial proceedings. When no agreement is reached there are usually 3 financial hearings and at the final hearing the judge impose an order of the court.

Strictly speaking a "Clean Break" means all obligations between spouses are brought to an end. When there is a periodic payments order for ongoing spouse maintenance it isn''t a clean break.

  • hawaythelads
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16 Jun 12 #337125 by hawaythelads
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Skint on the brightside I congratulate you sir for being the in the best possible position financially a bloke can be for a divorce.
And yet she''ll still go to court :blink:
All the best
Pete x

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