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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.


S25

  • SSS23
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30 Jun 12 #340085 by SSS23
Topic started by SSS23
Is this a special form or merely a typed account of history and current position?

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30 Jun 12 #340086 by dukey
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Its a bit like a position statement, you go through S25 and say how each part is relevant to your case, ill dig one out provided by Charles so you can see how they are written.

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30 Jun 12 #340087 by dukey
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1. Applicant/Respondent
2. [name]
3. [statement number]
4. Made: [date signed]
IN THE ***** COUNTY COURT CASE NO: ******
B E T W E E N :-
****
Applicant
- and -
****
Respondent
SECTION 25 STATEMENT OF
****
I, ****, [address], will say as follows:-
1. I am the Applicant/Respondent in this matter and I make this statement
pursuant to the Directions given by the Court to set out my case in respect of
the criteria set down by Section 25 of the Matrimonial Causes Act 1973.
2. I will attempt to address each of the criteria in turn as set out in the
Matrimonial Causes Act [and as advised to me by my solicitor] (delete as
applicable).
(a) The income, earning capacity, property and other financial resources
which each of the parties to the marriage has or is likely to have in the
foreseeable future, including in the case of earning capacity any
increase in that capacity which it would in the opinion of the Court be
reasonable to expect a party to the marriage to take steps to acquire.
3. I am employed as a [status] for [company]. I have a gross annual income
from this employment [including allowances of …] of approximately £****.
2
4. This produces a net income after deduction of tax and national insurance of
approximately £**** or £**** per month.
5. I also receive other income as follows [details] of £*** net per annum or £***
per month.
6. I am working full/part time, working **** hours and I would submit to this
Honourable Court that I am maximising my earning capacity. I have no other
sources of income.
7. [spouse’s name] does/does not currently work [details including possible
earning capacity if this can be increased].
8. [spouse’s name] therefore expect to achieve income of £*** per annum for a
full time position. I believe this is eminently achievable although I further
accept that part time work supplemented by tax credits may be an option.
9. I estimate that child maintenance for [name of children if any] will be in the
region of £*** per annum giving [spouse’s name] a net income at that stage of
approximately £****.
10. I would have a reduced net income after payment for [name of children] of
approximately £*** per annum.
11. In respect of our property and other financial resources an updating schedule
of assets will no doubt be produced in advance of the final hearing but in
summary [spouse’s name] and I have shares, savings and investments
between us of approximately £*** (although these assets may have been
further diminished sadly by legal fees).

12. Virtually all of this capital arose from the [details].
(b) The financial needs, obligations and responsibilities which each of the
parties to the marriage has or is likely to have in the foreseeable future.
3
13. There are [no.] children of the marriage between myself and [spouse] namely
[names and dates of birth of children].
14. The children reside with [details of residence and contact].
15. I also have [details of other children from other relationships, dates of birth
etc.].
16. [details of schooling for children and costs if any]
17. [details of funding for children for the future if any]
18. In respect of the housing needs of myself and [spouse] these are
equal/unequal [give reason for either proposition].
19. [detail any agreement in relation to housing needs]
(c) The standard of living enjoyed by the family before the breakdown of
the marriage.
20. We had a good standard of living during the marriage [if this is the case –
detail any information relevant to the ongoing funding and difficulties/changes
that may effect this]
(d) The age of each party to the marriage and the duration of the marriage
21. I was born on the *** and I am therefore ** years old. The Petitioner was born
on the *** and is therefore ** years old.
22. The Petitioner and I were married on the *** and we separated in ***. This is
therefore a short/medium/long length marriage of some 4/10/25 years [adjust
as required]
(e) Any physical or mental disability of either of the parties to the marriage.
4
23. Both the Petitioner and I are in good health to the best of my knowledge and
belief as are our children. [adjust as necessary]
(f) The contributions which each of the parties has made or is likely in the
foreseeable future to make to the welfare of the family, including any
contribution by looking after the home or caring for the family.
24. [details of businesses, employment etc during the course of the marriage and
prior to the marriage]
25. In respect of future contributions I believe that both myself and [spouse] have
a significant future contribution to make to the care and upbringing of our
children. [adjust or delete as applicable]
26. Finally, I do not believe the issue of conduct is applicable in this matter and
nor is there any entitlement that a party will lose the chance of acquiring as a
result of the divorce that is relevant in any way.
27. I trust the matters set out herein are of assistance to this Honourable Court.
I declare that to the best of my knowledge and belief the contents of this my
statement are true and I understand that it may be placed before the court.
Signed
Dated

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30 Jun 12 #340118 by SSS23
Reply from SSS23
Thanks Dukey you''re a star! Thanks to Charles too!

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