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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.


Please help - will she get our house

  • Srossees
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03 Jan 21 #515224 by Srossees
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Sorry - replied to myself!

Thanks a lot.

Sorry - to clarify - If my partner petitioned for a financial remedy order, we would then be able to get married even if financial matters finalised and it would have no bearing on the FRO?

  • hadenoughnow
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03 Jan 21 #515225 by hadenoughnow
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You need to get the Decree Absolute before you can marry. Petitioner in divorce can apply after six weeks and a day from the date of the Decree Nisi. Respondent needs to wait a further 3.5 months.

If it is more than a year sincd Decree Nisi the application needs to be accompanied by a letter to explain the delay in applying (sorting out finances) and stating that the parties have not lived together as man and wife since the Decree Nisi and there are no further children born of the marriage.

The divorce and financial settlement are separate. If she objects to the absolute being granted there may be a brief hearing. He may need to give the undertaking mentioned previously but there is no reason I can see for not granting it.

If you need help with any of this you can always speak to the helpline about our services for litigants in person..

Hadenoughnow

  • Arlatay
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03 Jan 21 #515226 by Arlatay
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Thank you,

My concern is that getting married will mean my partner is not entitled to anything if this ends up at a financial remedy hearing, so I was wondering if what you are saying is that as long as the fro is in progress, we can still get married and it won’t affect the outcome of the fro, e’g my partner will be on uneven footing as he has remarried.

I will definitely have a look at more of the website. It’s great, I just find us in a bit of a unique situation and am struggling to find answers

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