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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.


Need a Consent order AFTER Absolute

  • Eliza123
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13 Sep 21 #517709 by Eliza123
Topic started by Eliza123
Hi all, I am hoping someone can help.

I divorced last year, online on gov.uk site, £550 and ticked no financial order. He was respondent and I don't know what he ticked but he disagreed with the grounds but didn't contest so granted.

Now I am buying a house and realised that I need a Consent Order to stop him getting anything in future. I've tried emailing him but he doesn't respond, he is vile.

I've looked at the D81 form, which I would say I have a property (I have completed but official completion is key date on 1st Oct).

So what happens? Could he take my house? I have worked so hard to save deposit etc (we only rented) together 25 years.

At end of marriage we walked away with our own debt (mine was more), and I pay CM to him as son lives with him now.

I'm really scared I am have made a big boob!!!

  • hadenoughnow
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14 Sep 21 #517711 by hadenoughnow
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After 25 years everything should be split 50:50 as the start point. This includes pensions as well as assets and joint debts.

There is nothing to stop you having a legally binding financial settlement. The box ticking bit on the divorce is just a formality to officially start the process. You can still start it providing you have not remarried.

If you apply for a Consent Order a judge will need to approve it. They will want to see that what has been agreed is fair. Any savings you each have would need to be declared as would pensions and other assets.

You will both need to agree and sign which doesn't sound too likely if he won't respond to your emails.

As to the potential risks, well we cannot really say without knowing more about your respective financial positions.

Incomes
Age of child
Assets inc savings over £500
Pensions CEVs and type
Debts/loans in sole or joint names.

Hadenoughnow

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14 Sep 21 #517715 by Eliza123
Reply from Eliza123
Thanks so much, when we divorced there was no home (rented), we both had approx £3k of debt each so we took our own which were in our names (nothing joint).

Child is 17.

We had no savings

Now, I own a house, he does not.

I have no savings and £20k debt - he has zero debt and a lot of savings.

I don't want anything from him, we both earn the same, his pension will be higher but I'm not interested.

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