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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.


No Fault Divorce

  • Kashi
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02 Apr 22 #519081 by Kashi
Topic started by Kashi
Hi,

I am still in the divorce process as of now and it has been listed as defended cause. We still haven't been given a case management hearing yet.
My wife is thinking of withdrawing the actual petition and apply for a new one on the new law.
If she goes ahead of withdrawing the actual petition, how long does she have to wait before petitioning a new one?
Can she petition for a new one at the same time while the old one has been asked to be withdrawn or does she has to wait for complete withdrawal before petitioning?
Also I was informed by the court that petition which was issued before the new law passes will not be taken over by the new law, Only petitions issued from the 6th of April. Is that correct?
My situation is a bit complicated as we still live and do things together (holiday etc). Petition is dated last may 2021.

Thanks
Kashi

  • rubytuesday
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02 Apr 22 #519083 by rubytuesday
Reply from rubytuesday
If your spouse applies to withdraw the existing petition she will need to wait until it has been completely withdrawn and no longer a live case before she (or you) can submit a fresh divorce application. The new application would be under the new no fault process. She would also lose the court fee already paid and would have to pay the court fee for the new application.

Divorce, dissolution and annulment applications currently in the court process (prior to the new laws) will continue to be processed in accordance with the law as it was at the time of making the application.

More info about the new no fault divorce law can be found here - divorce.wikivorce.com/advice/discuss-any...ault-divorce-process

  • Kashi
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14 Apr 22 #519186 by Kashi
Reply from Kashi
Thanks you very much.

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