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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.


What if we don''t divoce

  • Lori321
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06 Jul 12 #341520 by Lori321
Topic started by Lori321
My husband said he would make it difficult for me and he is. Although he wrote in a letter that he would not contest he has not sent the ''acknowledgment of service''. What if we don''t divorce. We have never lived together although this was planned or so i was led to believe. We have never being finanialy tied with any thing and this is a short marriege of just over a year. Would he as my husband be able to claim anything from me? Would we have to legally seperated or divorced before he can claime.

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06 Jul 12 #341525 by cookie2
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If you don''t divorce then you remain legally married.

If he wanted to claim anything then he would have to file a divorce. He could do this maybe years in the future if you did not do it now. So I would highly recommend you get on with it ASAP. If he is not returning the AOS then there are procedures you can follow. As long as you used unreasonable behaviour and drafted the Petition properly then there is nothing he can do to prevent the divorce.

Whether he can claim anything from you depends muchly on the figures and circumstances. If it''s a short marriage with no children then usually you will each take out what you put in.

  • rubytuesday
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06 Jul 12 #341526 by rubytuesday
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Hi Lori

Im assuming that as you didnt live together you don''t have any children?

The usual rule of thumb with a short childless marriage is that each party leaves with what they bought into it, with any joint "profit" or assets being shared equally. Its highly improbable that after such a short marriage that he would be successful in making any future financial claims against you, but to be on the safe side, I would suggest a Consent Order with a Clean Break attached to it preventing him from being able to make any future financial claims on you.

If he is being obstructive and not returning the D10 (acknowledgement of service), don''t worry, just get a process server to serve the papers on him, once the court is aware he has physically received them, and chosen to ignore them, the court will allow the divorce to proceed as uncontested.

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