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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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statement of info for consent order

  • DannyBoy
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21 Jan 08 #11331 by DannyBoy
Topic started by DannyBoy
Hey... I'm new so go easy on me okay B)

I've recieved from D61 a statement of information for a Consent Order form. It's asking about my capital resources, Net Income and Pension but me and my X have agreed on a Clean Break and have already sorted out our finances before going to divorce.

What's this form all about ???

Any help would be much appreciated.


Danny Boy

  • Josh2008
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21 Jan 08 #11335 by Josh2008
Reply from Josh2008
Even an agreement between yourselves should be put into a consent order and ask the court to ratify it.

That way neither has any come back in the future excepting there appeared to be some evasion by either party, then the order could be looked at again

I am in a similar situation and hoping that the proposal will be accepted by a court, what sols will always say is "It is very complex and needs to be drawn up by them" and charge you £500 for just that.

I have composed mine in 'legal speak' hopefully the court will accept it

  • Maggie40
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21 Jan 08 #11336 by Maggie40
Reply from Maggie40
The court doesn't just rubber stamp the consent order. It needs the financial information to make sure that the agreement you have reached with your ex is fair.

  • Techie
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21 Jan 08 #11338 by Techie
Reply from Techie
If you have already agreed the split and it has been consented to i.e. both parties agree to it...it is less likely that the court will make any changes....it is after all as it says....a 'consent' order.

The court does need to agree the order such that it becomes leaglly binding and enforceable. The court sets out a minimum amount of information on which it will use to check the order fairness. Thats what the form is all about.

  • Josh2008
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21 Jan 08 #11362 by Josh2008
Reply from Josh2008
Any agreement can appear to be 'unfair' in the eyes of the 'law' but as long as the two parties agree, the law will allow such an agreement, providing that the simplest of information is submitting by consent and honestly.

form E is obligatory and not binding, provided that the two parties are in agreement.

A District Judge might question any seeming 'imbalance' and as long as a satisfactory answer is provided, that will be acceptable.

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