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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.


pushing on with 5 year separation application

  • galinios
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18 Jun 12 #337299 by galinios
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Hallo there again. After the court refused to grant us Decree Nisi, my lawyer advised we continue as started rather than amend the petition; why? (granted I was initially advised to go on behaviour grounds). So we are preparing the required evidence. Is there anything I should include in the statement to strengthen my case? Any input will be greatly appreciated

  • dukey
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18 Jun 12 #337315 by dukey
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Why was the application refused?

Have you been separated for 5 years?.

Can you proof service?.

Seems a bit odd.

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18 Jun 12 #337331 by galinios
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Hi dukey, you responded to my question before so thanks. My solicitor reckons the judge just needs more evidence and we can push this through so not amend Petition now. So I was reading a new draft of points emphasising that we have different finances and sleeping arrangements as well as seperate social and working lives. Hoping this will do it, perhaps amending the petition might seem inconcistent at this stage and act against the desired outcome. Solicitors it seems are a bit like doctors one might not want to believe them but one might feel there is not much choice

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18 Jun 12 #337333 by dukey
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So ill guess you do or have lived under the same roof for part of the five years?, if so then the solicitor is probably right, some clarification may well do the trick, in the past we have seen judges ask for sworn affidavits that say you slept separately and in fact lived completely separate lives, there is a fairly standard version many solicitors use, you should be fine.

Unfortunately judges have their own level of information the require in order to allow the divorce, you could say your a bit unlucky, any which way though the solicitor will attain your goal of divorce, it just may take a bit longer tis all.

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18 Jun 12 #337337 by galinios
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Hm yes... what is sworn affidavits? Tell me it is some sort or form one fills in at home? she did say I might have to go to court which is sillily expensive, I mean why would they ask for this if we are perceived as too poor to divorse? Still I suppose it is better for the soul to swear we live seperate lives than to swear the other is not fit for purpose...Ha!

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18 Jun 12 #337338 by dukey
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An affidavit is just a letter your solicitor writes to a judge saying this is what has happened, then you have to read from a card to promise its true, so in your case it may say you did not sleep together cook together do each others washing socialise together, you get the idea.

What your solicitor is saying is that it may be better to go to court and both tell the judge what is what.

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18 Jun 12 #337347 by galinios
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OK so that must be the draft I have been reading then so let''s hope this works. Thanks again. Take care

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