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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.


how long will it take to get my absolute?

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01 Aug 12 #346548 by robh
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I have my Decree Nisi, but as I am the Respondant I cannot apply until the 3rd oct, I am due to remarry in march, but need the Absolute by december, how long will it take to get my absolute so I can do this? And is there anything my ex can do to stop this from happening? I would like this as quick as posible so is there anything I can do to speed it up?

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01 Aug 12 #346554 by dukey
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Do you have a Consent Order sealed by court, if not then yes it can be delayed, and often for a long time, so do you have one?.

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01 Aug 12 #346555 by robh
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I don''t think I have ? What is that ? And is it too late to get one ?

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01 Aug 12 #346556 by dukey
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A Consent Order deals with the money side of divorce, who gets what and when, even if you have nothing to share from the marriage you still need one to make sure no claims are made later, it can happen even if you are divorced.

So will your ex agree to have a Consent Order? if yes then its easy wiki provide the solicitor service for £139, it should really be done before Absolute though.

If you have nothing to share and no children you would still be able to get the absolute without a CO, its far from wise though.

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01 Aug 12 #346558 by robh
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Ok,thankyou, I think this was sorted but can''t be too sure, we had no property or savings, but we do have a child which is also going through court at the moment (I''m petitioner) the judge was happy with the arrangements when he made nisi

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01 Aug 12 #346560 by dukey
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Just make sure you have one or the respondent can delay the Absolute till you do, its not really something you can have and not know, this is not an actual order but it will look a bit like this.

IN THE COUNTY COURT [case number]

B E T W E E N:



Petitioner / Husband

- and –


Respondent / Wife





Consent Order


BEFORE [Deputy] District Judge sitting at County Court on the day of 200

UPON reading the application of the parties dated 200 and the Statement of Information dated

UPON the Husband and the Wife agreeing that the provisions of this Order are accepted in full and final settlement of all financial claims whatsoever which either may be entitled to bring against the other howsoever arising.

AND UPON THE Husband and the Wife agreeing that neither of them has any legal or equitable interest in property or assets owned by the other save as provided for in this Order



BY CONSENT IT IS ORDERED THAT :

1. The Husband’s and the Wife’s claims and deemed claims for financial provision, pension sharing and property adjustment orders do stand dismissed and neither the Husband nor the Wife shall be entitled to make any further application in relation to their marriage under the Matrimonial Causes Act 1973 s23(1)(a) or (b).section 24 or section 28 1(a), The Pension Act 1995 or The Welfare Reform & Pensions Act 1999.

2. Subject as aforesaid and pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, section 15, the court considering it just so to order, neither the Husband nor the Wife shall be entitled on the death of the other to apply for an order under section 2 of that Act.

3. There be no Order as to costs.

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01 Aug 12 #346563 by robh
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O I have had nothing like this, but if I try to get one i doubt she would sign it as she is doing everything she can to be awkward with divorce and child, does it make a diference if I''m respondent ?

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