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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.


Absolute Decree

  • lozabelle
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22 Aug 12 #351182 by lozabelle
Topic started by lozabelle
As the Respondant can i stop the AD from going through as i would like all the financial side of the divorce to be settled first and if so what forms do i have to apply for and at what cost
Many thanks

  • MrsMathsisfun
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22 Aug 12 #351185 by MrsMathsisfun
Reply from MrsMathsisfun
Yes you can request the DA to be stopped but you would have to have a valid reasons such as loss of major financial benefits if it went ahead such as not named on mortgage or loss of pension benefits.

It you decide to appeal against it and the court does decide to grant it then you might be asked to pay the other sides costs.

Not sure how or costs involved.

  • NoWhereToTurnl
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22 Aug 12 #351187 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Lozabelle,

Welcome to wiki, you will find lots of support on this site.

It is common for the Decree Absolute to be postponed until after financial resolution in complex cases. A little more information would help in order to give you an informed reply.
Are you represented by a solicitor or LIP?
Has the Decree Nisi been granted?
Number of children & their ages in the marriage.
Best wishes,
NWTT.

  • Johny8
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22 Aug 12 #351188 by Johny8
Reply from Johny8
Hi,
Since i found it of interest, I am at a similar stage. No application is made between 6weeks and 1 days period after Decree Nisi

1. I have Decree Nisi
2. Applied for Decree Absolute
3. judge wants to give 7 days notice to Respondent''s solicitor.
4. Financials have not started yet.

Facts about marriage:
1. 10 months
2. no children
3. No financial contribution from Respondent
4. No pensions, insurance involved
5. A joint property between me and my business partner.

Do you think the judge would grant the Decree Absolute.

  • lozabelle
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22 Aug 12 #351189 by lozabelle
Reply from lozabelle
So far i have not used a solicitor, only in the beggining and got half hours free advise, i found this very helpfull. The Decree Nisi date is for the 3rd September. Ther are no children although he has stated his youngest son from his first marriage is a "child from the family" and now living with him, the courts have also acknowledged this (he is 17) We have both exchanged our form E''s, mine to his solicitor
Lori

  • MrsMathsisfun
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22 Aug 12 #351190 by MrsMathsisfun
Reply from MrsMathsisfun
Will depend upon whether your ex would have any financial claim on the FMH. If its not in joint names then a judge might say the DA couldnt be issued until that matter is resolved.

  • cookie2
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22 Aug 12 #351194 by cookie2
Reply from cookie2
Yes, home rights can be removed by the granting of DA. So if the house is owned by one party solely then the other could (and should) block DA on those grounds.

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