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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.

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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.

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Divorcing before financials complete

  • captainobvious
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16 Feb 08 #14088 by captainobvious
Topic started by captainobvious
Hi everyone,

I'm new to the site and have a potentially odd divorce situation that I need some advice on please? Here's the facts :-

I was married and have two children, my ex wife decided to end the marriage and we agreed the separation details without the need for solicitors.

We also completed the divorce papers and statement of arrangements for children without a solicitor (direct with the court), and I received my Decree Absolute some time ago.

The FMH was remortgaged last year by my ex and her new man, and I received a 50% equity settlement in return for taking with me our credit card debt (about 30% of my equity value, thereby leaving me with about 33% net equity share). I no longer have any title on the property.

I see my children regularly and pay maintenance, the amount of which we have both agreed on.

However, I have never completed a Financial order or any legal financial settlement.

My new partner and I are considering marriage and she is concerned (having been divorced herself) that we are exposed without a financial Consent Order of some kind.

Everything between my ex and I has been fairly amicable, so I'm not too concerned but i'd like to put my partners mind at rest as it is important to her before we marry - and I suppose you never know what might happen in future bearing in mind I have a company pension etc. and no fixed dates on when maintenance payments stop (just verbal agreement on "leaving school").

Please can you help me answer two questions ?

1) Am I legally divorced if the financials aren't sortd even if I have a decree? How can this happen?

2) What exactly do I need to do, which forms to I need to complete, to finish the financial settlement ?

Thanks for your help!

  • gone1
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16 Feb 08 #14095 by gone1
Reply from gone1
Hiya. Sounds like the perfect sep and divorce. I see no reason why you should have any problems in the future from your ex wife. You dont have a Clean Break setlement and your partner is right in thinking that there could be a problem later. You can litigate yourself and you have done the right thing. There are no set rules in divorce. You dont have to apply for financials (ancilory relief). There is a form that you can fill in. I think its D61 but dont quote me. Its here somewhere on wickvorce. This form is a clean break form and you submit it to the court. I think you both to sign it. There is a fee of course. Sorry being vague as I have never done this myself. Chris.

UPDATE: I did have a good look round wicki and I cant find the form you need. I also had a look on hmcs courts for the pdf and cant find it there either. There are loads of clean break services offered on the internet but I am sure you can do this yourself at much reduced costs. I have seen discussions on wicki about this. Perhaps someone with more experiance will post a reply. Sorry could not help you more. Good luck. Chris.

  • TMax
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16 Feb 08 #14097 by TMax
Reply from TMax
Hi Cpt

Ok cant give you a whats happend yet but I too was divorced and settlement made, but no FH to agree finances took place mainly because X took tail and vanished. All was hunky dory, then years later when X blew all her cash has now come back for more, in that time the house has doubled in value and Xs reasoning for coming back is that she was not in a fit state of mind at the time to be able to sort things out correctly and I bullied her into signing things.

So even tho I have signatures of finances made and wintessed with both soliciters Im now being dragged back to court at todays house prices, so far X has cancelled the case twice due to not having sorted paper work out. so 8 years from begining to end and IM still on limbo and cant move on. If my case gets to court next month and finishes that day Ill let you know whats happend.
According to my sol the whole thing will have to be at todays prices, Its understood tho that if it is agreed at the ehearing that is what your both happy with then it settles at that, if the judge thinks that one has come worse off than the other it may be commented on and the person told that this is what they are entitled to if they wanted it or wqording of that kind :)

  • Ladybird22
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16 Feb 08 #14142 by Ladybird22
Reply from Ladybird22
Someone earlier told me it was a form d81. I am about to look for it.

  • TMax
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16 Feb 08 #14144 by TMax

  • ariesgirl63
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16 Feb 08 #14147 by ariesgirl63
Reply from ariesgirl63
Hi Captain,

In answer to your first question, yes you are legally divorced if you have your decree absolute.

It is not compulsory to sort out your financial situation on divorce and you can agree between you outside of the court on what you wush to do (as you clearly have done). but circumstances can and do change, and none of us know what is around the corner for us. Whilst you and your ex may have agreed in the past and present it is not a certainty that you always will.

Although there is no reason to suspect that your wife would seek an alternative financial settlement through the courts your partner is wise in wishing to secure a court order before you marry. Once you have married you will have no recourse to apply to court but your ex wife would (unless she remarries). I would suggest that you agree on a Consent Order (detailing the financials that have been agreed and are in place), get a solicitor to look it over and submit it to Court for rubber stamping. Best wishes

  • captainobvious
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16 Feb 08 #14157 by captainobvious
Reply from captainobvious
Thanks for your advice everyone!

I am going to look at the D81 form now and take it from there. I think just having something signed as a Clean Break will make all the difference, sounds simple enough!


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