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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?

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financial agreement - Heads of agreement

  • monkey
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03 Sep 07 #2797 by monkey
Topic started by monkey
After a series of round table meetings my wife and I, with our respective solicitors, came to a fianacial agreement and wrote this down in a 'Heads of Agreemeent' which we all signed. The resulting Consent Order has now been drawn up from this agreement but my wife is now refusing to sign it. Is there anything legally binding around the 'heads of agreement' that means she has to sign the consent order? My concern is that she is talking about going to another solicitor to get a second oppinion and if she doesn't like this opinion she may go to a thrid etc... I would like to know if this could in theory continue or could I some how get her to keep to our original agreement and therefore sign the consent order??

Thanks.

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03 Sep 07 #2801 by divwiki
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I guess I have to ask, what does your solicitor say?

My layman's opinion, for what it's worth, is that an agreement has to be just that - especially a Consent Order - so if she refuses to sign there's not much you can do. On the plus side, the court can draw conclusions from the fact that she has made an agreement, then not signed.

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03 Sep 07 #2803 by monkey
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Thanks for the reply. Sadly I can't get hold of my solicitor at present and just hoped someone out there could put my mind at rest. I too feel that this is just an agreement, but from what I rememebr there is something to say I can recover costs associated with this agreement not being fulfilled. And yes I agree that her decision not to sign would look bad if we went to court.

Like many people out there, I just want it all to be finalised and thought we were nearly there. We'll just have to wait and see I guess....

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