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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.


Coming to a financial agreement

  • jpdenison
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05 Jul 12 #341397 by jpdenison
Topic started by jpdenison
If you come to a financial agreement with your wife, write it down and both sign it, then agree to proceed using Wikivorce''s service for both parties, what is people''s experience of how likely the couple are to stick to the agreement instead of opening up negotiations again further through the process?

Is there a way to quickly make the financial agreement binding as the wife can go on any buy a new property and move out or do you need to see the process through to ensure that all is legally binding?

  • LittleMrMike
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06 Jul 12 #341454 by LittleMrMike
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The bomb proof, safe advice is to get your order first.

How common it is for people to change their minds, I don''t know; but I have certainly known it happen.

By the way, I think you will find that no solicitor will act for both parties. You need separate representation.

LMM

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06 Jul 12 #341462 by cookie2
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How "likely" is it? It''s not a game of chance. There is no dice roll. If neither party causes waves then it is 0% likely, but if your ex decides to renege then it is 100% likely.

However you may have recourse even if they do, if you have both taken advice and have a signed agreement then that is called a concluded agreement and may be brought to the court''s attention. If one party tries to change their mind then they would need to show good reason why they signed it but then changed their mind. If they are unable then the court would take this into consideration very strongly.

But, that obviously would incur costs so as LMM says it''s better to get it signed and sealed by the court before doing anything.

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