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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.


Can you stop Decree absolute if no Consent order

  • Rigpig
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11 Oct 12 #360384 by Rigpig
Topic started by Rigpig
Hiya , I''d be glad of any advice.

I''m the Respondant.

My Decree Nisi has been granted and we are in the throws of sorting out finances.
The childrens arrangements are sorted but my wife is not being cooperative about the finances. Our form E are done and shared but she seems to think 50% means 75%. I am totally happy to give her everything she is due and pay all recommended monies for child maintenance as laid out by both solicitors but I will not give away 75% when she''s due 50% of the rest, so we''re a bit stuck and keep going round and round in circles - even her solictor tells her to accept - but think she''s talked to too many yummy Mummies who have told her to hold out for as much as possible.

I gather there are 6 weeks and a day before she can apply for Decree Absolute but should we not have come to an agreed arrangement that is down in writing on a Consent Order can she apply for and get the Decree Absolute ? Can I stop it going through ?

I want to get divorced and I''m happy to pay my fair dues to her and my children but want it all signed and sealed before the Decree Absolute is granted.

Is this legally possible to enforce ?

Many thanks

  • NoWhereToTurnl
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11 Oct 12 #360394 by NoWhereToTurnl
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Hi Rigpig,

It is common for Decree Absolute to be held until financial remedies (AR) have been sorted ot, especially if one side might delay the proceedings.

If you have a solicitor, s/he can write to the court requesting it, if you are LIP, write explaining your reasons for requesting DA should be delayed awaiting the CO being sealed.

Best wishes,
NWTT.

  • Rigpig
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11 Oct 12 #360415 by Rigpig
Reply from Rigpig
Many thanks NWTT. Appreciate that ...

  • GETTING STRONGER NOW
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11 Oct 12 #360420 by GETTING STRONGER NOW
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hi.

I''m the opposite I am the applicant and could apply for my Absolute now but my ex will not discuss finances because of contact issues with the children. My solicitor has advised me not to apply for the absolute yet, it may make my ex get a move along with the finances if he thinks he will be staying married, particularly has he has two girlfriends in tow...

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11 Oct 12 #360468 by Rigpig
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I refused point blank to send back the 1st paper to court recognising the divorce petion until I had hammered out my arrangements for seeing my children v frequently.
Now I know my kids are within daily contact I am much more chilled about the rest.

I want a fair outcome overall but I was totally incensed that I potentially wasn''t going to be able to see my children from Sunday night to Friday night.. and I dug my heels in for that right at the start and now have it in writing.

I wouldn''t like to be responsible for my actions either if she tried to keep me from seeing them. Its not their fault Mum and Dad fell out and they are made from my flesh too and need a Dad and not just once a week. My youngest is just like me and I''m the best placed parent to help him with difficulties he encounters, having been there myself. My wife will try but just doesnt ''get'' this particular trait that we share.

  • mbird
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11 Oct 12 #360519 by mbird
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If the divorce is under the 2 or 5 year separation grounds, I believe you can apply for a section 10(2), this stops DA being granted, but I think it needs to be done in conjunction with an application for financial resolution (form A). I think this is right. All that will probably cost about 240 quid.

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12 Oct 12 #360577 by Rigpig
Reply from Rigpig
Many thanks for this additional information. All welcomed and assists.
Surprising what different experiences and ways people have found to get through the divorce. It''s a total minefield and I''m finding that the more you research yourself and prompt your solicitor the more they remember is possible !

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