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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 Petition

  • ANNE1234
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06 Aug 12 #347487 by ANNE1234
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Hi,

I wonder if anybody could help. I sent the divorce papers to court mid July whilst my STBX was over from Spain. He goes back today for a month (he comes back to see the children) and I know the post will not arrive before he leaves. What is the best thing to do as he only has 7 days to reply and it won''t be long enough. Will I have to resubmit and ask the court to hang on for a month or chance posting to Spain?

What a mess! I thought the courts were quicker than this.

Annie

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06 Aug 12 #347492 by dukey
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If you sent the papers mid July to the address he uses while over here they will be waiting for him, courts usually have them sent in about a week or less from when they receive them.

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06 Aug 12 #347529 by ANNE1234
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Hi

Thanks for the reply. The papers arrived this morning - he stays in the family home when here as his name is on the mortgage so obviously won''t pay rent! I can''t imagine he will have replied to the Petition by the time he has flown off. The fact that he does''t respond to it won''t affect things will it? Do I have to swear that he has received the papers? He definitely has!

Annie

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06 Aug 12 #347532 by dukey
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Sorry Annie court won''t take your word for it, you should really have had him served while he was over here, to save cost you''ll have to wait until he is here again but this time make sure you use a process server to move it all on.

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06 Aug 12 #347570 by ANNE1234
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Hi

Just to say the post arrived this morning containing the divorce petition so he now has it before flying off to Spain! Phew! He won''t of course do anything about it so I assume I will have to swear an affadavit to say he got it.

Annie

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06 Aug 12 #347577 by cookie2
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If you are very quick you might be able to get a process server to serve the papers on him before he leaves. I would get onto the yellow pages ASAP for a same-day process server!

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