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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.


Clean break and Application for Absolute

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02 Jul 12 #340515 by listep
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I have ordered a Clean Break service from the wiki recommended solicitor and now have all forms signed and ready to be sent to the solicitor to file with the court. I was hoping that my D36 form for applying for Nisi to be made Absolute can also go to the court at the same time, to save time. I was told by the solicitor''s office that I can''t do that, as they are only representing me on the clean break and I have to file my D36 myself. Is it better for me to wait for the Consent Order to be sealed and then apply for Absolute, as advised? Also does anyone know how long does it take for absolute to come through from the court? Thanks

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02 Jul 12 #340518 by cookie2
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I would wait for the Consent Order, it''s usually only about a week depending how busy the court is.

The Absolute, if you take the application to the court in person, you can often (but not always) pick up the Absolute the same day. If you post it, it should take about a week or less, again depending how busy they are.

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02 Jul 12 #340528 by listep
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Thank you - this is great news! Our court is very busy I am told - took 5 months to get the Nisi on uncontested Petition for UB... Hopefully Consent Order will not take too long and I shall then go to court in person if there as an option to get the Absolute back in person

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02 Jul 12 #340531 by cookie2
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Yeah sometimes you can walk in with your Absolute application and £45 cash, and walk out 5 minutes later with the Absolute. But other times they may be busy and ask you to come back in an hour or 2. Or if they are really busy they might say they''ll post it to you. But of a gamble really.

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