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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.


Divorce Grounds 5 Year Seperation

  • msbyte
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01 Aug 12 #346785 by msbyte
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I''m almost at the 5 year point, my uncle phoned me up and said inasmuch as my stbx and I maintain separate residences - he moved out Jan 2008, because he comes to the house to see the kids and for birthdays etc we take the kids out I many not be entitled to file under these grounds.
I mean we''re not intimate and don''t socialise on our own, we have tried to remain amicable (and mostly are apart from on the issue of signing the divorce papers) because of the kids.

I''ve sent him the papers for the 2 year separation with consent (he''s actually a serial cheater so I could have cited adultery but didn''t want a battle) he says he''ll sign but that remains to be seen. This was my backup plan -PLEASE HELP - losing it!

  • jslgb
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01 Aug 12 #346787 by jslgb
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If you have been separated for 5 years then you can divorce without consent. Whether he visits your children at your home or you occasionally take them out for a birthday treat doesnt matter if you havent been in a relationship during this time.

  • hadenoughnow
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01 Aug 12 #346789 by hadenoughnow
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Don''t panic. Your uncle is wrong. You are still separated even if he pops round to see the kids.

Hadenoughnow

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01 Aug 12 #346793 by msbyte
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Thanks, I didn''t think it was logical but I''m no expert, so taking kids out together is OK too?

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01 Aug 12 #346802 by jslgb
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If anything taking the kids out together shows your mature enough to put your children first and ensure they feel loved and secure. Like i said, unless there was a relationship there then your entitled to a divorce.

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01 Aug 12 #346815 by msbyte
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Thanks again - just checking.

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