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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.


Financial settlement without divorcing

  • EmilyKay2020
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21 Aug 20 #513778 by EmilyKay2020
Topic started by EmilyKay2020
Hi,
I hope someone can shed some light as I'm getting confusing information... Can a couple achieve legally binding financial settlement without actually going through a divorce? Just being separated. Also, if that possible, can the divorce application be cancelled, no decre nisi was granted yet. Thank you

  • .Charles
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21 Aug 20 #513779 by .Charles
Reply from .Charles
Simple answer? No.

You can't get an order without a divorce unless you have a judicial separation where you remain married but are legally separated. The Court can make a financial order but there are certain elements that can't be addressed such as pension sharing.

Charles

  • el_johnstone
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24 Aug 20 #513804 by el_johnstone
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Start the divorce process, once Decree Nisi has been granted then you can do the financial / Consent Order. Its always advisable doing that before Decree Absolute but does not have to be in place for a divorce to be granted.

But, as Charles says, a divorce process must be started. You could have already agreed on things right from the very start as in how to divide / share assets, but the documentation (Form A) will ask for the date that the Decree Nisi was granted on

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