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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.


please HELP, need urgent advice

  • life100
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30 Jun 12 #340158 by life100
Topic started by life100
hi
sorry if this is in the wrong section.
time is not on my side, a bit stressed.

i went to a solicitor and asked for a Consent Order to be written, he has sent the draft to me but its not on headed paper.. is this normal and ok? then it needs to go to partner.

also
in the Consent Order, Clean Break is not mentioned, does "clean break" need to be mentioned?

the heading does not say Consent Order but at the bottem says BY CONSENT

also in the consent under Pursuant to inheritance.... neither shall be entitled on the death of the other to apply for an order...
should it not be life and death?

any help will be appreciated.
thank you

  • MrsMathsisfun
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30 Jun 12 #340180 by MrsMathsisfun
Reply from MrsMathsisfun
Hi

Not sure but I don''t think that the term Clean Break is actually stated.

If I remember correctly it usually says something along the lines that any claims for .... are dismissed.

  • dukey
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30 Jun 12 #340181 by dukey
Reply from dukey
Clean Break orders don''t actually use the term clean break, what they have is standard dismissal clauses on assets inheritance and income, if you have any doubts you need to speak with the solicitor.


Solicitors write or formulate the order in many ways, there are lots of standard clauses used but the wording can vary.

  • life100
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30 Jun 12 #340192 by life100
Reply from life100
appreciate your feed back, sorry i should have made it clear the solicitor has written a draft Consent Order, and posted that to me.

my main question was, its not on solicitors headed paper, if a solicitor was going to write a Consent Order should it not be done on headed paper?
then i need to post it back so he can send it to my partner.



appreciate any feed back.
thanks

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30 Jun 12 #340194 by dukey
Reply from dukey
No Consent Orders draft or perfected are not on headed paper, they start with - in the county court bla bla in capitals and then by consent it is ordered that again in capitals, but no the name or practice of the solicitor is not included.

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01 Jul 12 #340348 by life100
Reply from life100
ok cool, thanks a lot for your help, onelast bit,

in the Consent Order, under inheritance should it not be life and death, rather then just death?

thanks appreciate all your help, less stress now.

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01 Jul 12 #340355 by dukey
Reply from dukey
There are many ways it can be worded as long as its written by a solicitor your fine;

So a nice easy way could be.

Neither party shall be entitled on the death of the other to apply for an order for provision out of the others estate.

A more formal way would be;

Pursuant to the inheritance (provision for family and dependents) act 1975 section 15 the court considering it just to do so the resp/app wife/hubby shall not be entitled to apply on the death of the app/resp wife/hubby for an order under section 2 of the act.

There are lots of other ways to write it so don`t get too hung up on wording, that is why you pay a solicitor.

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