A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 timeline

  • hedgeh0g
  • hedgeh0g's Avatar Posted by
  • Senior Member
  • Senior Member
More
13 Sep 12 #355757 by hedgeh0g
Topic started by hedgeh0g
Apologies if this has been asked before.

What is the best order in which to go through the whole divorce process?

My situation is that we are slowly but amicably heading towards a divorce. We''ve agreed that if it happens the house will be sold and the proceeds used to buy her a new house, with me paying the mortgage, effectively as spousal maintenance. I would then rent for the foreseeable future. We would undertake shared parenting of our son.

So, can someone set out the order in which we should do things, bearing in mind that there''s one house to be sold, one house to be bought and a rental house to find?

I was told elsewhere that I shouldn''t do anything with the house until the divorce process has started.

Thanks.

  • Tets
  • Tets's Avatar
  • Moderator
  • Moderator
More
13 Sep 12 #355758 by Tets
Reply from Tets
Have a look at the wikivorce divorce guide it should answer your questions or give the freephone number a call ( 0800 44886644 )
Best advice is not to divide your assets until you have a court sealed Consent Order which makes any agreement binding.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
13 Sep 12 #355764 by dukey
Reply from dukey
I agree with tets, start the divorce then once you have a Decree Nisi you can send the judge the agreement you have made called a Consent Order, once the judge agrees it you can ask the divorce be finalised which makes the consent order binding and enforceable.

  • hedgeh0g
  • hedgeh0g's Avatar Posted by
  • Senior Member
  • Senior Member
More
13 Sep 12 #355765 by hedgeh0g
Reply from hedgeh0g
So should I hold off on completing the house sale/purchase until the Decree Nisi?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
13 Sep 12 #355766 by dukey
Reply from dukey
Rather than think Nisi think court sealed Consent Order, that is what is actually matters.

  • Tets
  • Tets's Avatar
  • Moderator
  • Moderator
More
14 Sep 12 #355858 by Tets
Reply from Tets
If you have somewhere else to live then you could complete the sale but you can''t divide the proceeds from the sale (They should be held by a solicitor) until you have a sealed Consent Order, so if you need the proceeds to purchase new homes then wait.

  • hedgeh0g
  • hedgeh0g's Avatar Posted by
  • Senior Member
  • Senior Member
More
14 Sep 12 #355919 by hedgeh0g
Reply from hedgeh0g
Thanks for all this. I now have an idea of the steps I need to take and in what order.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11