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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.


Non-Molestation Order

  • hervinder
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22 Aug 12 #351233 by hervinder
Topic started by hervinder
My wife was granted a non-molestation order on the 12th July without myself being present or notified. The allegations made against me were very hurtful and untrue. On the 31st July she signed a Consent Order agreeing to court undertakings in return for me vacating the property. These undertakings were agreed by the court on the 7th August.

Following many disagreements and letters between solicitors on the 14th August at around 10:30pm four police offices came to my flat and aressted me for breach of a non-molestation order. I was held in custody and locked in a cell for 15 hours, after being interviewed they decided to take no further action.

My question is as i was aressted 7 days after the non-molestation order was discharged surely i shouldnt have been aressted. Surely the police should have checked to ensure the order was still valid. My wife also didnt inform the police about the undertakings when she made the complaint, if she had i''m sure i wouldnt have been arressted.

Surely she should be charged with wasting police time and the officers who aressted me should have checked if the injunction still stood which gives me grounds for a complaint??

  • jonathancj
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22 Aug 12 #351240 by jonathancj
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I have a feeling I''ve seen a report of a case just like this reported very recently, I just can''t remember where. It may have been a false arrest. You might be as well to contact a solicitor who specialises in cases against the police to see what the options might be.

  • MrsSadness
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23 Aug 12 #351282 by MrsSadness
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The non-mol was served ex-parte then, in that you had no notification? I was uner the impression though that you still would have had to attend a hearing, even just for an Undertaking. Seems the ex got power of arrest attached to it. I see your point re the police and how upset you must feel.... try Mankind, I think it is called for men in such a postion - you might find that a great source as to what y ou can do about it.

Hope this helps.

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