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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.


Consent /Clean break questions

  • Techie
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21 Jan 08 #11337 by Techie
Topic started by Techie
Hi All,
I am the petitioner in the divorce and Decree Nisi is to be pronounced next month. I have petitioned on her unreasonable behaviour.

1. I would like to prepare a consent/Clean Break order that dimisses claims on pension sharing etc (as agreed with my ex). I will be getting a Solicitor to check the forms but would like to know if there is any where I can get an exmaple ??

2. I might be expecting some monies as part of a civil injury claim after a RTA involving me and not my ex. I am hoping that any payment will include an element of 'lost' money (such as for travel, hospital parking and expenses) and an element for pain and future surgical intervention (as has been confirmed by the expert medical reports). My questions here are:
a) Do I have to 'declare' this as capital if any payout is made before completion of Form d81 'Statement of Information' ?

b)The compensation will be for my pain and suffering so far and for providing to cover the costs of expected future medical intervention and losses - how will this be viewed by the Court if I do have to 'declare' this as capital. I do not see why my future health has to be compromised esp. since she left me for someone else ?!?

Thanks for your help.

  • Techie
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22 Jan 08 #11446 by Techie
Reply from Techie
Any suggestions or help with this one ? Thanks.

  • mike62
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22 Jan 08 #11449 by mike62
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1 - Hopefully someone else will pick up this for you
2 - If they physically exist at the time of declaration, all assets need to be declared. Penalty for non-declaration may result in Consent Order and Clean Break being overturned - just not worth it.
Your future needs should be taken into account in the settlement, particularly if there is an ongoing requirement for care.
Seems harsh, but that is how it is.
Best of luck with it
Mike

  • Josh2008
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22 Jan 08 #11461 by Josh2008
Reply from Josh2008
I would suggest that you disclose it as a possible future gain, but you cannot put a figure on it.

Claims like this can take years and not all are successful, but by being honest in the first place you cannot later be taken to task on it.

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