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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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Re Ancillary Relief: If the divorce is contested..

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01 Sep 07 #2717 by divwiki
Topic started by divwiki
Does anyone know, whilst I'm waiting to hear from legal rep, if I were to contest the divorce successfully and the Decree Nisi was not granted, does ancillary relief still proceed with regard to the separation.

Also, the divorce would still be likely to happen in 2-5 years time on grounds of separation, would any financial settlement be likely to increase as the "marriage" lengthens despite separation being clearly established as the future grounds for divorce. (I do not do the lottery and can make a will shortly.)

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01 Sep 07 #2719 by jan12
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I think the ancillary relief is a separate issue Divwiki - you should be able to pursue this now as the settlement could increase over the time until your divorce depending on equity in the home rising and the values of pensions etc.

Julie x

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01 Sep 07 #2720 by jan12
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sorry I think I gave you wrong info re separate issue!
I've found this - hope its helpful

Another preliminary point worth mentioning is that no court order regulating the financial issues can be made final before Decree Nisi. It is only after that point a court can make an order - even if it is a "consent" order which embodies an agreement which has been reached between husband and wife and turns it into a court order. There is also no time limit thereafter (although some rights might be lost on remarriage) during which the court must make an order settling the financial issues. Indeed, it might take very much longer to resolve the financial issues than it takes to obtain the divorce and so the final agreement (or order) may not be reached until after Decree Absolute - and sometimes long after.

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03 Sep 07 #2767 by divwiki
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Thanks for that helpful reply Julie.;)

My x2b has applied for Maintenance Pending Suit, does anyone know whether that would be granted if the Decree Nisi was successfully contested?

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03 Sep 07 #2770 by scottishlady
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Hi Div...
Hope you're okay..
My solicitor has applied to the court for 'maintenance pending suit'....You are kind enough to post comments on my blog, so I think you know a little of my situation.... it is quite different to yours, but the maintenance pending suit thing is a common thread....
As far as my solicitor has advised me it is when the court can order (if it sees fit) for maintenance to paid to one or other of the spouses (generally the lower paid spouse).... but she also told me there has to be a substantial difference in incomes before this might be granted (as is so in my case).... it seems that it is something that can be awarded way before a nisi is granted... a sort of 'emergency measure' (I think that was the term she used in my case) that is granted to 'allow' the spouse to 'survive' financially while the divorce is in process...

Kindest Regards
Karen:)

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03 Sep 07 #2790 by divwiki
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;)Thanks, Karen. Hope you are ok too and your ex still can't get in!

Following Karen's solicitor's point, does anyone know if Maintenance Pending Suit would continue to be awarded long term? For example, if the divorce failed at Decree Nisi would MPS continue to be paid until the next divorce petition which would likely to be at the 2 or 5 year stage of separation?

What I am trying to work out here is, rather like a recent female poster on this site, is it in my financial interests to non-contest the ridiculous grounds for divorce of a short-term marriage and await the next divorce petition in a few years when she has found somebody else to fleece?

I'm advised that lengthening the marriage would enlarge the settlement, is there a formula for this when there are no children or property and my pension is already being paid to me? Also does not Separation count as a consideration in that calculation? Lots of questions there; if anyone can help on any of them it would give me a direction of questioning to take with my solicitor.

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03 Sep 07 #2822 by LittleMrMike
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The short answer to your question is that, if the divorce is dismissed, maintenance pending suit ceases to be payable.

However maintenance for children can still be pursued through the CSA.

Mike 100468

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