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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.


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consent orders likely to be approved?

  • NM1234
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29 Aug 07 #2577 by NM1234
Topic started by NM1234
brief facts:

married two years 2 months - divorced (Decree Nisi) granted at 3 year mark.

financial Consent Order terms:
equity in FMH deemed to be 49,000
respondant (me) to keep FMH and pay petitioner (ex) 22500.
(46% of equity -based on me making all mortgage payments since our separation 2 years and 2 months into marriage)

income levels:
me: c. 4000 per month
ex: nothing at moment - not working through own choice. Though is starting job in september (this would not be shown on the Statement of Information form)

petitioner (ex) has filed Consent Order that was mutually agreed and discussed with individual solicitors

any advice on whether it's likely to be approved by court or whether it could get overturned?

has anyone had an experience of having a mutually agreed financial settlement overturned? If yes, what circumstances did judge cite?

  • sexysadie
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29 Aug 07 #2579 by sexysadie
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The advice that was given to me was that it is unlikely to be overturned as long as it is clear that you have both had legal advice.

Hope that helps,

Sadie

  • divwiki
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29 Aug 07 #2585 by divwiki
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i've had the same advice as Sadie.

Also, are you sure she has no income at all. Is it possible she has applied for Income Support or other benefits, if only short term. Check first with your solicitor though as to whether the potential amounts involved are worth the solicitor's fees to challenge.

And good luck to both of us!;)

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