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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.


Decree Nisi issued - Court issued respondent to pay my divorce application fee.

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02 Mar 22 #518953 by spaceportuk
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So my next course of action will me to serve her a bill of costs to include £593.00 plus £53.00.

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02 Mar 22 #518957 by spaceportuk
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My second question is this:Just a bit of background here, during the summer of 2020 her solicitor and mine negotiated the deed of separation and we signed the Consent Order on October 20th 2020. I paid her 50% of my cash savings, 50% of the value of my car and 50% of the equity of our house, effectively I bought her out and she moved out on December 20th 2020.In the deed of separation she agreed to file for divorce on the grounds of 2 years separation, when the time came she would not do it so I gave her a few days to decide, I even said I will under 2 years if she agreed but she didn’t so I said if you don’t I’ll file under unreasonable behaviour. Which I did. Anyway…In the consent order I was to receive 59% of her NHS 1995 pension, the only benefit I was to receive in the split.I have sent her a text message asking her to complete the respondent part of the D81 form as required by the court to obtain a ‘Clean Break’ divorce. She won’t reply to my text asking her to fill in this form and in fact I think she blocked them so emailing is the only option.The Court told me to send the first 2 pages of Form A marked at the top ‘For Dismissal Purposes Only’ together with form D81 and P1 as I need to get a pension sharing order from the court. By sending these documents in including the P1 will this be enough to get a pension sharing order?

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03 Mar 22 #518963 by .Charles
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In relation to the first question, you can only recover costs of the divorce process so the £593 court fee. I presume the £53 court fee to which you refer is for the financial Consent Order? If so, that is not included in the divorce process.

In relation to the second question it sounds as though you don't have a court order. Signing a Consent Order does not make it an order - it has to be approved and sealed by the Court. Generally speaking you should have this before you divide the finances.

You can use the agreement to apply for an order but it doesn't sound like a Consent Order on the grounds that your ex is not playing ball and by doing that she is withholding consent therefore it's not a consent order.

Charles

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03 Mar 22 - 03 Mar 22 #518965 by spaceportuk
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Thanks for clarifying my first question.

In relation to question 2 I/we have a Consent Order signed by both of us and sealed/stamped by our respective solicitors. It outlines who gets what and when, and my ex got paid her amount by me in late November 2020.

So I want this Consent Order approved and sealed by the court, I have original copies, and I’ve been told by the court where to send it to but they said I/we need to complete form D81, I get the impression we don’t need to fill this form in as we already have a consent order and we both have agreed how to separate our assets/finances. I guess the advisor misunderstood me when I was on the phone and didn’t realise I have a consent order already.

So I guess I just send in the first 2 pages of ‘Form A’ and the Consent Order and P1 form to apply for a pension sharing order.
Last edit: 03 Mar 22 by spaceportuk.

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04 Mar 22 #518968 by .Charles
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You don't have a Consent Order. You have an agreement in principle which is embodied in a draft order which you want the Court to approve.

You both need to complete the statement of information (D81) which is a 'snapshot' of the finances at present so that a Judge can consider whether the proposed order is fair.

Charles

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04 Mar 22 #518969 by spaceportuk
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Great, thanks for clarifying this too. My ex has agreed to fill her part of the D81 form in and so upon receipt from her I will send this in to the court.

May I ask, if after 21 days have elapsed since sending her a bill of costs for payment of the £583.00 and she hasn’t paid it, which at the time of writing she hasn’t, what’s my next course of action?.

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07 Mar 22 #518975 by .Charles
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You can apply to the court for a default costs certificate if there is no response after 21 days. The form is N254 (application for a default costs certificate) and I usually submit a draft N255 (the default costs certificate).

There is a court fee to issue the default costs certificate which added to the total of the amount you are seeking along with a fixed fee of £80 for your trouble of completing the certificate. In your case it would be £593 + £71 + £80 = £744.00.

When submitting the application you need to send a copy of the order for costs and a copy of the signed N252 that you served with the bill.

Charles

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