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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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Ex signed consent order but will not sign amended

  • Plainsight
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21 Mar 12 #319341 by Plainsight
Topic started by Plainsight
Hi,

Some advise would be appreciated.

Married for 11 years separated for 7, divorce completed within last 6 months. Net income 2800,child support payments 430 for two childred who Stay with me over 108 days per year. Joint mtg, equity 230k - I have no savings or other capital and currently rent.

Ex does not work but could if she chose to and has been in the FMH since separation.

Consent Order to hand over equity in property to ex in full and final settlement which she signed and returned. She is now saying that 210k "does not work for her" and she wants more. She is now unwilling to sign an amendment to the consent order which basically confirms that the children reside with her and that the property is to be signed over to her in full as the judge did not think this was clear in the orig. order....

Where do I go from here?

  • Plainsight
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12 Apr 12 #323251 by Plainsight
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No replies then......

Guess I have to submit a d11 to court to proceed - only winners are the solicitors.....can someone at least point out how this Consent Order is unreasonable - she won''t say what else she wants and I think she''s getting enough :angry:

  • somuch2know2
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12 Apr 12 #323253 by somuch2know2
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what was agreed should be what was agreed.. If it went to FH than I dont see how she can argue

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12 Apr 12 #323256 by Plainsight
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I just think it''s loosing the last bit of "control" unless she is after spousal maintenance but again she won''t say what she wants.

My premise is that as she has signed revisions of the papaerwork over a four month period it is now totally unreasonable and indefensible not to complete and force it to court. Hopefully the Judge will agree.

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12 Apr 12 #323258 by somuch2know2
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Dont bow down to her. Just stick with what was agreen and hope she finds a new husband to cling to in the mean time

I started off wanting the best for my ex. Now I just want what is best for me. I am tired of her games and manipulation.

  • soulruler
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12 Apr 12 #323261 by soulruler
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You can file the D11 yourself into court with a request for her to comply with the revised Consent Order which the judge asked to be completed.

Send her a copy as well so that she knows what you propose to do and in that way you might hopefully avoid another court hearing and she might avoid more legal costs.

That is plain ridiculous. I am getting fed up with hearing about the greed of some peoples ex-s (don''t get me on mine who has already wrecked both our credit ratings amongst a whole load of other things)

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12 Apr 12 #323264 by Plainsight
Reply from Plainsight
Thanks

I''ve explained that I will submit the d11 if she won''t re-sign (nothing has really changed, there was a drafting error spotted by the judge who asked for a revision). I was just trying to prevent unnecessary costs to both of us.......

The words "210k just isn''t doing it for me" just made me want to spit at the time - now I''m trying to retain a state of grace and not let it drag me down.

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