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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.


Delays and Delays- Ex playing games ?

  • Intrepid82
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27 Aug 12 #352185 by Intrepid82
Topic started by Intrepid82
My ex is the Petitioner. However, it has taken 20 months , before I could sign "Consent Order".

On 2 previous occasions, i had to resort to Court applications , the second due in late September, the first one I had to cancel due to family bereavement.

Its been delays and minor niggles from ex before anything happens, i sign papers, then more delays etc before response.

My issue is
1. The agreement I signed in the Order, is it binding if she has not signed ? yet ?.
This included signing over to her, the House and Endowment .

2. Is there a time limit for a response?, I signed Order 4 weeks ago. Under impression she should sign by return of post. Concerned her application for a Remortgage may lapse, she had the offer from Bank early June.

3. Is there a normal time span to complete the final stages of a Divorce, from the point of one party signing the Order ?.

4. Can I cancel the agreement and shelve my case at this stage ?

I know she is playing games. Very annoyed the system seems to allow it, and my bills keep coming from the solicitor. Ahhhh !

Are there any other potential pitfalls to look out for.

Nothing new for you guys, Regards M

  • TBagpuss
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28 Aug 12 #352283 by TBagpuss
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1. No. it isn''t bindng until you''ve both signed and the court has approved it. However, if you sought to back away from the agreement, then the fact of the agreement, and that you had signed it, would be evidence and could be referred to in any dispute between the two of you about what was an appropriate settlement.

2.No. It is voluntary. If she does nothing you could apply to the court for an order. Mortgage offers are usually valid for either 3 or, more commonly, 6 months.

3.No.

4.Yes, but as mentioned above, if you sought a different order at this stage, your agreement and the fact that you had signed an order would be part of the evidence.

One option would be for you to write to her / her solicitor and impose a tmscale - make clar that if the order isn''t signed and returned /lodged at court within a specific timescale that you will withdraw your consent.

  • Intrepid82
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28 Aug 12 #352301 by Intrepid82
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Hi and thanks .

In the Consent Order, which I signed, my Solicitor put a covering note on to ask the other side to act within 14 days. Quite reasonable and routine. However, as mentioned, this case has dragged etc.

Yet again, the 14 days expired. Still within a month of that letter, but I am thinking of ways to "head off" a repeat behaviour of delay.

I have a Court date for the end of September, due to previous delays, so I am absolutely aghast at her delaying.

i will take your advice and contact my Sol''this week to ask about the court if it is still "on" or just write another letter warning we will withdraw consent.

So another question is begging, I am in a similiar situation with the "Absolute", as despite requests to her to forward an application, no such luck. My "Nisi" was issued last November, and at this rate we will be looking at a full year in a couple of months, so wht are the chances of me side stepping futile requests/delays and going to court aplication with the evidence of our previous requests?, and appling for "Absolute" ourselves. I know it is not usual for "Respondents" to apply, but the Nisi did state I could after a certain window, which passed last March.

Regards, M

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