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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.


Is a clean break order essential?

  • LostCause1221
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28 Jun 21 #517137 by LostCause1221
Topic started by LostCause1221
Hi,

As per the title, context is, England, short marriage (broke up few months after civil wedding), no kids or houses. Messy emotional breakup for both. I had to wait the minimum 12 months before applying for a divorce (I waited about 15 months), grounds were UB. Using a popular UK online company.

No contact between us, I tried to let partner know what I was doing, and to expect paperwork in the post etc. Didn't hear for months. In the end I had to apply for a process server to serve the paperwork. That was done successfully. I'm now at the stage where i've applied for the Nisi.

I'm unsure whether to apply for a Clean Break in this case. I understand it seems both parties have to be in agreement and both parties have to give full financial disclosure. (Is this correct)

If I dont proceed with a Clean Break Consent Order, could it bite me in the future?

many thanks

  • WYSPECIAL
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28 Jun 21 #517139 by WYSPECIAL
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If I dont proceed with a Clean Break Consent Order, could it bite me in the future?

Yes. They could reappear many years from now when you’re financially secure and they’re penniless. Sort it now.

  • rubytuesday
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29 Jun 21 #517141 by rubytuesday
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Please be aware that the divorce only ends the marriage, what it does not deal with is the division of property and whether any maintenance should be paid or pensions shared.

If you divorce without a Consent Order then you need to be aware that your ex-spouse may be entitled to make a financial claim at any point in the future - even after many years have passed.

Some couples decide to divorce without a Consent Order because they may have nothing to share or even they are happy just to agree a division informally, it maybe amicable and they trust each other, the problem is as time goes by that agreement may breakdown, a new partner may come along or friends and family may persuade one person that actually the agreement wasn't really fair, if this happens a claim can be made in court.

It's also important to remember that assets you develop after divorce potentially can be included in a claim made after divorce.

The case of Wyatt v Vince [2015] is a stark reminder of why NOT to divorce without a Consent Order. www.supremecourt.uk/cases/docs/uksc-2013-0186-judgment.pdf

  • LostCause1221
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29 Jun 21 #517142 by LostCause1221
Reply from LostCause1221
Hi,

Thanks for the reply. I had a glance of that Wyatt case and it seems to be very unusual circumstances.

In my case, we had no assets, no kids, no mortgage etc, and the marriage broke down very quickly. What are the chances a judge can say I have to pay xyz in the future if the respondent does put in a claim?

Regarding the actual Consent Order, is it true that both parties need to provide full financial disclosure? The trouble in my case is, the respondent won't reply to anything or provide this.

All I want is a simple 'everything mine is mine, and everything theirs is theirs'.

This process has been ongoing for 9 months (covid hasn't helped) so I want to put this to rest sooner rather then later.

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