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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.


Clean Break Consent Order

  • LindaLou
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18 Sep 12 #356629 by LindaLou
Topic started by LindaLou
Hi

My ex husband will not sign the Clean Break Consent Order. Is there anything else I can do and, if so, what are the approximate costs?

  • LittleMrMike
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19 Sep 12 #356636 by LittleMrMike
Reply from LittleMrMike
I''ve said it before, but if there is no agreement, you cannot have a Consent Order.

It does sometimes happen that a party has second thoughts after reaching an '' agreement '' but let me ask you one question for clarification.

Was this agreement reached following an FDR ?

Assuming it was not - and the agreement was reached in the course of negotiations - you may in the final analysis have to go to a hearing unless you can arrive at some compromise.

Nevertheless, the fact is, that if he made this agreement ( and the fact that a Consent Order was strong evidence of that ) then the obvious question, which is not easy to answer is, if you thought it was all right then, why is it not all right now ?

LMM

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19 Sep 12 #356639 by LindaLou
Reply from LindaLou
Hi

We negotiated the terms of the divorce (he had the major steak in the house as I moved out and he couldn''t afford to give me any more without selling and I just wanted a Clean Break). The divorce is all final apart from this Consent Order. I think he has always had this up his sleeve as he can still control my life (without this I am reluctant to remarry or buy a new house). Is there any other path I can take to ensure he has no future claim?

Look forward to hearing from you.

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19 Sep 12 #356641 by LittleMrMike
Reply from LittleMrMike
Sorry Linda, my advice has not changed. You cannot force him to sign.

If you are actually divorced, my only suggestion is that you ask him one more time whether he will sign the Consent Order.

If he won''t you either leave things as they are, or else you make a formal application for Ancillary Relief. That alone might just possibly inspire him to be more co-operative.

LMM

  • WhiteRose
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19 Sep 12 #356642 by WhiteRose
Reply from WhiteRose
Is it the whole of the Consent Order he isn''t happy with or just a part of it?

Has he indicated what he would sign?

Did your Sol draft the agreement?

Is it a wording issue?

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19 Sep 12 #356646 by LindaLou
Reply from LindaLou
Thank you for your help - I will look into Ancillary Relief.

The Consent Order has been drafted by a solicitor. My ex has not said there is a problem, despite my asking. As I''ve said, knowing him, I think it''s about control.

  • dukey
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19 Sep 12 #356654 by dukey
Reply from dukey
Why not write and warn him that if the order is not agreed and signed you will apply to court in say 14 days, its form A and costs £240, be warned though is using solicitors it can be very expensive indeed, in terms of cost if it goes all the way its not unusual to spend 15k or more, the good news is it usually ends well before then.

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