A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Advice please: Consent Order without disclosure?

  • Martley
  • Martley's Avatar Posted by
  • Junior Member
  • Junior Member
More
24 Mar 12 #319826 by Martley
Topic started by Martley
Wife and I have decided to divorce after 25 years of marriage. We want to keep it amicable and aim to proceed to Consent Order without filling in form E - will we be allowed to do that? We have both always worked, earning similar income,and kept finances separate (I paid the house deposit and all mortgage costs, she paid childcare). We have already agreed we will split the family home 50:50, it is totally free of mortgage. Our kids are now over 18. I am early retired age 58 with a company pension which gives me an income approx two-thirds that of my wife''s salary,she is 53. She has a pension CETV of 260k which I don''t want to touch if I can keep bulk of my savings which are less than her CETV value, mostly in ISAs in my name. This was intended to provide us with extra retirement income (early retirement was always my aim, she doesn''t want to retire early and I don''t know how much she has saved but has never seemed interested in saving). Neither of us has any debts or outstanding loans. We want a Clean Break, can we do it without dissecting the minutae of our finances?

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
24 Mar 12 #319880 by MrsMathsisfun
Reply from MrsMathsisfun
You dont necessary have to fill in form E, I think thats only if you go to court.

I think as long as you both have sought legal advise and a judge would deem that the asset split was fair and didnt disadvantage one party then its just a case of getting a Consent Order written up.

I believe you can use the wiki fixed price deal and get it done and dusted for approx £139

  • Tets
  • Tets's Avatar
  • Moderator
  • Moderator
More
24 Mar 12 #319885 by Tets
Reply from Tets
If you are agreed you don''t need to do a full form E you can instead jointly complete a D81 statement of information. You will need a solicitor to draw up the Consent Order and then submit both to court.

As jaymdee says wikivorce offer a fixed price Consent Order suitable for those who have agreed finances.

  • Martley
  • Martley's Avatar Posted by
  • Junior Member
  • Junior Member
More
26 Mar 12 #320104 by Martley
Reply from Martley
Thanks both for your help. If we go down this route, when do you suggest is the best time to fill in Form D81 and get the consent application drawn up? After the divorce petition has been sent to court, after respondent has acknowledged it, after Decree Nisi is issued, or some other time??

  • Hamilton1
  • Hamilton1's Avatar
  • Premium Member
  • Premium Member
More
28 Mar 12 #320406 by Hamilton1
Reply from Hamilton1
Hi there Martley,

If it was me I would start drawing uo the Consent Order and the D81 as soon as your Petition has been served and thereafter file the relevant documents with the Cour follwing receipt of your Decree Nisi.

Dont forget you''ll need to file a ''Form A'' marked ''For dismissal purposes only'' along with the D81 and the Consent Order.

Kind regards,

H

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11