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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.

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Can my husband stop our divorce out of spite?

  • cathyzh
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06 Jan 08 #10114 by cathyzh
Topic started by cathyzh
I started a divorce petition against my husband in September 2007 after his third affair.

We agreed the basic financial arrangements in a self-written Separation Agreement splitting everything 50/50, with agreement that a piece of land we own will be sold post-divorce with proceeds split equally. We agreed that I would prepare the paperwork for a Consent Order in order to legalise the arrangements, which I was due to submit to the court this week.

Our Decree Absolute is due in 3 weeks (24th January 2008).

Yesterday my husband discovered that I am getting remarried in 8 weeks time. He has told me that unless I sign the jointly-owned land into his name (total value approx. £50k), he will refuse to sign the Decree Absolute.

My questions are as follows:

1) I don't think he has to sign anything in order for the Decree Absolute. Is this correct?
2) As the Respondant, can he stop the divorce or is that down to me, the petitioner?
3) Do both parties have to agree to the divorce being stopped?
4) Does the Consent Order have to be submitted prior to the Decree Absolute?
5) The Separation Agreement was based upon our financial status at end June 2007. If I see a solicitor now and they review our status can this be back dated to our date of separation. i.e. Since our separation, I now have some savings, but my husband has accrued massive debts that I do not want to become accountable for.

Any other comments would be appreciated.

I am planning to speak to a solicitor at the earliest opportunity and would recommend anyone else in this position to do this. Divorce becomes complicated, even if you are the most reasonable person in the world. Too reasonable.....

Take care x

  • Angel557
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  • Platinum Member
06 Jan 08 #10117 by Angel557
Reply from Angel557
All i can say on the matter of an absolute is , i was the petitioner who was advised not to apply for absolute til finances had been resolved.My ex applied to court to be granted the absolute noone bothered for 10 weeks to let me know i was officailly divorced and i certainly did'nt sign anything.

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