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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.


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  • Flowers2012
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30 Aug 12 #352759 by Flowers2012
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Hi

I filed for divorce last week, but I think that I may have done so too quickly and that maybe I should gone for mediation first to come to an agreement on the finances. Could I still do this?

Also as the Petitioner do I have to pay for the whole divorce?

  • MrsMathsisfun
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30 Aug 12 #352764 by MrsMathsisfun
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Hi Flowers.

Welcome to wiki.

It is usual to file for the divorce then sort out the finances as you cant sign a Consent Order until you receive the Nisi.

It is best to try to mediate a financial solution as its usually cheaper and quicker! this way.

As to costs, usually both parties pay their own costs, but its my understanding that if your grounds for the divorce were unreasonable behaviour or adultery you can request the other side to pay. Often both parties agreed to pay half each.

This payment is the court costs of the actual divorce not for sorting out the finances.

  • Flowers2012
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30 Aug 12 #352836 by Flowers2012
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Thank you

What I am most worried about at this present time, is what is going to happen to the house, I have 3 children and my husband moved out 3 weeks ago, we have a joint mortgage. Do I have the right to stay in the house with my kids as all our friends are here and the children''s school.

  • robinson25
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30 Aug 12 #352850 by robinson25
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hi the first time i saw my solicitor to file for divorce she suggested we went to mediation first. mediation was good that it gave me the chance for us to talk but as far as sorting finances it was a waste of time. it is also worth noting that anything decided at mediation is not legally binding. Another bad thing about mediation was that we had to wait for about 6 weeks between appointments. I didnt have to pay for mediation but i didnt get legal aid for solicitor, on your first session the mediator works out if you pay or not.

my x did have to pay and i felt because of this he wanted results and i felt i was bullied into agreeing to things when i was in a vulnerable state. by him and the mediator. After about the 5th session when we had nearly sorted things i put a stop to it.

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30 Aug 12 #352852 by robinson25
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sorry forgot to say i wouldnt worry too much about the children, depending on their ages they will have to be housed so hopefully you will be able to stay in the house till they reach 18, your x will have to pay child maintenance. i asked about having the mortgage in my name, my x wanted this as he wanted to be free to get another mortgage. My mortgage provider the halifax said yes i could, i was amazed as only earn about 8ooo a year but they took my payments from x into account.


in the end sadly my father died and i bought my x out but had to sacrifice hanging onto our two endowments and i have no claim on his pension, in return he made no claim on my inheritance which was just enough to pay house off. It is his kids i am housing!!And when i retire i have no pension of my own.

  • Flowers2012
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30 Aug 12 #352900 by Flowers2012
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Thanks very much for your advice:)

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31 Aug 12 #353135 by Flowers2012
Reply from Flowers2012
Does the solicitor sort out the consent order?

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