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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.


Advice sought......

  • titch2k6
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21 Jul 12 #344465 by titch2k6
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Hello to everyone in the forum....

I''ll cover the issue as quickly as possible and just looking for some advice really, as I really do not know what to do at this point.....

I have been separated from my wife for 8 years. Last month, and after finally tracking my estrange partner''s new location to Wales last year, applied to court for divorce under the 5 year ruling.

I have not used a solicitor, as there are no financial, property or child issues, but have gone through a "Quick Divorce" company with the view of them only completing paperwork on my behalf so it is correct.

As part of this service, and I have been informed that this has to be the case, all section 3 under Part 10 "The Prayer" have been marked off as I wish to apply for a Financial Clean Break Order after the divorce has gone through.

Because this section has been checked off, I have had word back from a family member that my partner has received the papers, but is refusing to sign them, because, "He is not claiming anything off me through the courts". I have tried to explain that I am not interested in anything that she has, and this is purely for the Clean Break order, but it has fallen on deaf ears.

She claims that she has been to Legal Advice and they have told her that this section DOES NOT have to be checked off on the application. She has agreed to sign an application for divorce ONLY of section 3 of "The Prayer" is left blank.

As you can guess, I am both confused and frustrated and now feel as though the whole process has been thrown into limbo.....

The thing is, this is now pretty urgent as my current partner''s mum has terminal cancer and we both would like to give her the opportunity to walk her daughter down the aisle (which is one of her final wishes) before the inevitable. Now, with my estranged partner dragging this out, it does not look like we are going to be able to fulfill this wish..........

Any advice would be greatly appreciated.......

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22 Jul 12 #344600 by Action
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Bump

  • titch2k6
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23 Jul 12 #344945 by titch2k6
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Anyone?

  • hawaythelads
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24 Jul 12 #344967 by hawaythelads
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Just fill in the form how she will sign it.
All the best
HRH x

  • dukey
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24 Jul 12 #344982 by dukey
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You are using a quick divorce company, oh dear, i take it they have no advice to offer, for a change, what a shock, i can hardly believe it?.

After five years separation consent is not required just proof the respondent has the form (D8) after that the judge will allow the divorce.

Which of the box`s in section ten did you check?.

  • titch2k6
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24 Jul 12 #345146 by titch2k6
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dukey wrote:

Which of the box`s in section ten did you check?.


I did not check any......

The company that filled in the form on my behalf checked sections 1 and 3 (application for divorce to be dissolved and financial order) boxes under part 10 "the prayer".

  • hadenoughnow
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25 Jul 12 #345214 by hadenoughnow
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Do you have any jointly owned assets or children with your ex?
It may be that the answer is to also send a draft financial order which is for dismissal purposes only if there are no finances to settle.

This is not likely to be something that most online services could help with. You may need a solicitor it try giving the Wiki helpline a call.

Hadenoughnow

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