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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.


Clean break consent

  • Wetherbys
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22 Oct 21 #517975 by Wetherbys
Topic started by Wetherbys
Hi all, im very new here and was hoping to get some advice.

I used this site for my own divorce and it was amazing however that was over 3 years ago.

I am now in a relationship with a lady who to cut a long story short, received here Decree Absolute back in 2018. She did not however take care of the financial settlement side. This is something that she is now trying to pursue.

I have stressed to her how important it is to get a Clean Break Consent Order.

Her previous partner has been a bit of a dick trying to get child maintenance from her. After her divorced she moved in with a guy with her child. The child moved in with her mother while her ex enjoyed the single life for 2 years.

It turned out the new guy was narcissistic and due to this, her ex husband managed to take the child by taking her to court and getting a consent claiming that the child was in an unfit house due to her partner - the court sided with him!

My partner and i have been together for a few months and i am about to start up a business to which she will be a 50% partner hence why i need this sorting. I believe both sides are amicable and therefore large solicitors costs wont be necessary.

We are not versed in the ways of the UK courts and do not have vast amounts of money to be spending on solicitors. I have read up about it and it says that its advisable to employ a legal representative as it shows the courts that advise has been sought.

I believe that the paperwork that needs to be submitted is the D81 Consent Order in relation to financial remedy and also the E form Financial statement (01.06).

My questions are:

1. Is the above statement correct - both the E form and D81 is submitted at the same time
2. as anyone else gone through this - after a Decree Absolute - and if so, how long did it take.
3. any help would be greatly appreciated

  • hadenoughnow
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23 Oct 21 #517979 by hadenoughnow
Reply from hadenoughnow
child maintenance is due by law from the non resident parent. So a claim is not unreasonable if the child is under 18 and lives with the other parent.

You are quite correct that it is advisable to get a legally binding financial settlement. How straightforward this is will depend on whether there are any assets from the marriage to divide and how cooperative her ex is with the process.

A form E is one way of obtaining full financial disclosure. This is really needed before a settlement can be discussed and agreed. It is also the form used by the courts for contested matters when it must be completed as part of the court process.

If you can agree a settlement, even if no money changes hands, you need a Consent Order. This really should be drawn up by a solicitor. We have a fixed price drafting and submission service available through this site (see services).

The D81 is the statement of financial information that accompanies the order. The judge who decides whether the order is OK will cross check the agreement with the figures to see if it seems fair. If they are not happy they may write to ask for clarification or could just reject it.

If everything goes smoothly a Consent Order can be in place in 3-5 months from agreement, covid related delays permitting.

Hadenoughnow

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