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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.


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  • MmBr
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14 Jul 12 #343155 by MmBr
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15 Jul 12 #343266 by cookie2
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In this scenario it makes sense to decide between you, which Petition to go with. The other should withdraw theirs. Which one you choose might depend on the grounds used, whether costs are claimed, or who wants a divorce most. All other factors being equal, you got there first. But it makes sense to agree on this rather than waste time and money fighting over it.

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16 Jul 12 #343550 by MmBr
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Hi Cookie
Thank you for your reply.

Unfortunately there will be no agreement about who withdraws as he made life very difficult for me for some time now.

It was always going to be a highly contentious divorce because of his problems. He has lied on the Petition which can be proven so if he has any sense he will withdraw.

I have filed Form A today and am hoping that at the very least the judge will take into account the major disparity in incomes plus his behaviour regarding finances and DA during the marriage and separation.

I am seeing a solicitor this week and hopefully will be pointed in the right direction, although I am self repping I will be having legal assistance at the court hearings.

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17 Jul 12 #343715 by cookie2
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MmBr wrote:

He has lied on the Petition which can be proven so if he has any sense he will withdraw.

No, if you have any sense, you will withdraw. It makes absolutely no sense to argue about whose Petition is the best or who has the most right to petition or who has or has not lied on their Petition. The judge doesn''t give a flying carp who petitions. All he cares about is whether the marriage has broken down or not. It clearly has, since you have both petitioned for divorce. So why waste time, money and energy fighting over who has the most right to be petitioner?

You should choose your battles, and this one is not worth fighting. The best you will win is a moral victory. Are you really prepared to spend thousands of pounds for a moral victory? In a year''s time you''ll be in exactly the same position, whoever''s petition goes forward.

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