A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


What''s the order of things??

  • arbeerich
  • arbeerich's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Jun 12 #339841 by arbeerich
Topic started by arbeerich
Hi,

We are having divorce off here - "Full divorce and financial settlement"
Can someone advise me the order in which things happen?...........at the moment we have filled in the forms for the grounds for divorce which we''ve sent back on email but I have seen no Consent Order forms yet.
Does the Consent Order happen after the divorce is completed or during or what?

Does anyone have any experience of this process?

Rich

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
29 Jun 12 #339846 by Lostboy67
Reply from Lostboy67
Hi
This link gives some idea of the order
www.wikivorce.com/divorce/Step-By-Step-G...de/Introduction.html

Essentially the order will be

Nisi
Concent order
Absolute

But sometimes the Concent order and the Absolute may be the other way round.

LB

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
29 Jun 12 #339868 by livinginhope
Reply from livinginhope
I used the Service and it is D.Nisi first as Lost Boy said.
Then you will get a form to fill in giving both of your financial details and what you have agreed between both of you as to Settlement.You return this to Solicitor who writes it up for you,You then get this sent to you with couple of other forms.As far as i can remember this then goes to Court for Approval and is stamped/signed by Court
Then the Absolute is granted.This is the correct order of things but in my case I had returned forms for Absolute and Consent together and it happened the other way round ie Absolute and then Consent.I wasn''t happy about that as it left me feeling a bit vulnerable even though they were only a few days apart.I would advise that you make sure this doesn''t happen in your case.
Don''t worry about it too much because if you don''t understand something you can phone or email the solicitor''s office for advice
LIH

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
29 Jun 12 #339871 by dukey
Reply from dukey
Living as part of the order did you have pension sharing?.

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
29 Jun 12 #339873 by livinginhope
Reply from livinginhope
No we didn''t have pension sharing.Mine was already in payment and was counted as income and I agreed that he could keep his pension.We went for a Clean Break and this is what we got.I was awarded higher % if FMH because of his higher earning power.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
29 Jun 12 #339876 by dukey
Reply from dukey
Ok ty then in your case it matters not that you got the Absolute first.

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
29 Jun 12 #339936 by livinginhope
Reply from livinginhope
It did actually matter to me because ,in the very unlikely event of him dying after Absolute and before Consent,his family could presumably have claimed half of FMH.Would this not have been the case or would it still have been split as per Consent Order even though it hadn''t been agreed in Court?
Also if the Consent Order hadn''t been passed it would have meant now Ex would have Absolute and may have decided to drag things out re the Consent Agreement.
I really do believe it is always preferable to have Consent in place before Absolute even if it only to give peace of mind to the parties involved knowing that the Absolute really is the final thing to get.
Living in Hope

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11