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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.


Problems with financial consent order

  • Tinacooper
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24 Sep 12 #357619 by Tinacooper
Topic started by Tinacooper
Hi I''ve been divorced since may this year . Finished mediation in January where we amicably agreed finances , split of assets , children etc e. my ex sent it all to his solicitor , drew up Consent Order we both signed and agreed . The judge had query which the solicitor took weeks to deal with ! it all went back to court and i heard nothing for weeks . upon ringing the court to get an update they told me the judge had made another query that had again been sent to the solicitor !
Exs solicitor seems to take for ever to deal with these queries and my ex is reluctant to keep chasing them as he says it costs more
!
my main question is if we amicably agreed through mediation and we both agree to the contents of the Consent Order why is there still a problem and how much longer will this take ?
I have moved on with my life now and we are both amicable but I need to put closure and have what is legally mine
I don''t have a solicitor as don''t feel I need one as we are amicable but feel I have no power over this dragging out ! When I did have a solicitor my exs ignored her letters prompting him to sort this out .
Can I get this finalised any quicker ?

  • LittleMrMike
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26 Sep 12 #357897 by LittleMrMike
Reply from LittleMrMike
This does sometimes happen, I''m afraid.

A judge does not necessarily have to approve a Consent Order because the parties have agreed it. He or She must think it''s fair in all the circumstances.

Sometimes this is a safeguard if one party is legally represented and the other is not.

The judge''s points may be minor, or they may not. May I suggest that yo ask your ex what the problem is ? It may be that a little tweaking will suffice/.

LMM

  • dukey
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26 Sep 12 #357970 by dukey
Reply from dukey
It can be as small as wording, some judges are more pedantic than others, the judge takes the time they need they cannot be rushed, if it is a minor issue i can understand why the drafting solicitor groans and thinks ill do it later.

I know of at least on judge who will ask a question, get the answer then ask another, why not ask them all from the start?, who knows but by the same token is it wise to question a judge, i doubt it.

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