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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.


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.


Consent Order change

  • liddlepig
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15 Jan 08 #10708 by liddlepig
Topic started by liddlepig
Hi
I have been reading through the content on this site and am very impressed. I am hoping someone will be able to answer a question for me so here goes....

My ex wife offered a financial settlement via her solicitors, I pay for x y z and maintain my payments to her for our only child. No Pension split, she keeps the house and I get a kickback when my daughter is 18.

My solicitor drafted a Consent Order on this basis asking my if I agreed which I did. He sent this to her solicitors and they have come back with large amendments!!
She now wants this added, If I become unemployed that the money for child maintenance be taken from my share of the house?!?!
My solicitor wrote back rather firmly stating that this is an amendment to a draft agreed Consent Order and will not be accepted. He told me that she would now be liable to court fees if it goes to court. Nothing has progressed since.


Can you tell me whether this is the case and under family law once the order is drawn such big changes cannot be added?

Many thanks

  • yferch
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15 Jan 08 #10769 by yferch
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If her settlement offer was sent by solicitor's letter with the statement 'Without Prejudice'then I believe she can renegade on her offer, or change her mind, but I am no expert.

  • attilladahun
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16 Jan 08 #10776 by attilladahun
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Remember the Court has NO jurisdiction to make an order for child maintenance unless there is AGREEMENT-so their ammendments should be responded by repeating the offer with this...

"Given that our client does not agree to your amendment and bearing in mind the Court has no jurisdiction to make a child maintenance order other by consent your client must decide to either agree the proposals we have made or apply to the CSA.

In any event it is totally otiose to suggest a formula which flies in the face of how child maintenance is calculated. In essence your amendment is a poor attempt at underwriting the child maintenance payment. "

Their amendments are frankly amateurish!!

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16 Jan 08 #10777 by attilladahun
Reply from attilladahun
They didn't agree to the terms and then seek to make changes so there will either be a negotiated agreement or a final order of the Court.

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