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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.

Financial settlement without divorce

  • Ladybelle
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15 Jan 08 #10739 by Ladybelle
Topic started by Ladybelle
Can you get a court ordered financial payment without a divorce or does that only happen when you go through the whole process ?
I am just speaking of what he has agreed to pay now. He had agreed to pay mortgage, 2 insurances, water and electric. The water doesnt have to be paid for 2 months now and someone must have told him that as he wouldnt have a clue (probably his new woman :angry:, so he now says that he will be cutting the money and he will review it in March !!
Also the electric he believes is cheaper, well in fact it was cut for 2 months as we had some credit to use up, but he didnt know that - so it helped with council tax which he has refused to pay all along, but now he thinks it is a lower amount but this month it is going back up to the higher amount.
I have asked him to pay the original amount but am awaiting his reply. He doesnt ring me, he EMAILS me :angry:

I feel I am living on a knife edge every month anyway in case he doesnt transfer the money in as it's all just done *amicably*:woohoo:AMICABLY when he has walked out on me after 25 years for another woman, but what can I do ? I NEED him to keep paying as long as I can so I cant even get nasty with him in case he doesnt pay anything.
I am so fed up.

  • LittleMrMike
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15 Jan 08 #10749 by LittleMrMike
Reply from LittleMrMike
My understanding of the legal position is No. The order has to be made in the context of divorce proceedings.

You can have a Separation Agreement without involving the Court at all, and a Court might well uphold such an agreement, especially if it was made with proper legal advice and with a full disclosure on both sides. If the parties decide to divorce, the terms of the agreement could be used as the basis of a subsequent order by consent. But it is important to understand that a separation agreement cannot be guaranteed to resolve for all time the financial issues between the spouses.

Mike 100468

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