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What are we each entitled to in our divorce settlement?

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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.


In australia

  • Pinky31
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28 Sep 12 #358345 by Pinky31
Topic started by Pinky31
I am going to australia next month to stay with family , staying 3 months but may stay longer, i am married but separated now 2 years and thinking of applying for a divorce have no contact with my husband for over 12 months now, how would i start a divorce while in australia if decided to .

  • TBagpuss
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02 Oct 12 #358883 by TBagpuss
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Do you mean to start proceedigns in the UK? As long as you remain domiciled and habitually resident in the UK (i.e. your trip to Australa is a visit,not a move)you are OK.

You can download Petition and other foprms for free from the court website and if you have a solicitor they can deal with the divorce even if you are not in the country. You issue your petition by posting it to the court

However, it may be simpler to deal with issuing the petition before you leave, as this avoids any difficulties and ensures that no questions will be raised about the appropriate jursidiction.

If you plan to instruct a solicitor be aware that solicitors are required to check your ID - usualyl this is done by you providing photo D and prioof of address. if you are overseas you mayneed to get a local lawyer to certifiy copies of your ID documetns, and solciitors may be more wary, and reqwuire paymnet in advance, from clietns who are overseas. So again, it makes sense to instruct someone and start the process before you leave. (then the court can corresspond with them, and they will be able to corresponde with you however suits youbest - e.g. by e-mail)

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