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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.

Nominal Maintenance Order

  • rebster
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06 Jul 07 #1198 by rebster
Reply from rebster
I have read about a Clean Break Consent Order is this something anyone has heard of and can it be used to avoid the nominal maintenance order.

  • LittleMrMike
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06 Jul 07 #1199 by LittleMrMike
Reply from LittleMrMike
A Consent Order is any Court order where the parties are agreed as to the terms of the order the Court is being asked to make.

It is perfectly possible to have a Consent Order which imposes a nominal SM order.

If one spouse wants a nominal order and the other is resisting it, then there is an issue which the Court would have to resolve.

It is possible that the Court of Appeal may offer useful guidance in the case of North v North. Until then, I would certainly advice husbands to avoid a nominal order if they can.

  • Princess Fiona
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06 Jul 07 #1202 by Princess Fiona
Reply from Princess Fiona
In case I confused anyone before, courts may make a financial order on the basis of the information presented with a Consent Order application.

Having read the initial N v N judgment earlier today the case seems to hinge on the fact that the original figure for income return on the capital retained by the wife was below budget and because the calculation wasn't based on Duxbury the judge's recent decision was based on the actual income return. This was bigish money case involving sufficent capital assets to invest to provide an income and in these cases Duxbury is often used so I don't think the appeal decision will have a bearing on the majority of divorces.

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