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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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Financial order/clean break

  • totallygutted
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19 Apr 12 #325024 by totallygutted
Topic started by totallygutted
Hi,

I am a bit confused.
My STBX and I are doing our own divorce and have agreed that we will have a Clean Break with me giving him X amount of cash and him having no further claim to the FMH, pensions etc.
What do we need to do and when do we need to do it??
I am the Petitioner and have just completed the forms for the divorce (form D8)at what point do we need to be doing the financial forms and which ones do we need to do???
is there anyway that we can get the financial order before our divorce because he understandably wants to stop contributing to the mortgage and I want to change the mortgage into my own name.

(just for info, it was a short marriage, no children, no savings, only around 15k equity in the house)


Any help/ideas gratefull received.:unsure:

Thanks

  • hadenoughnow
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19 Apr 12 #325094 by hadenoughnow
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How short was the marriage?

You may find that the wiki service could help you with this. Why don''t you give the helpline (number on left of page) a call for some advice on how it works and how much (little!) it costs compared to a solicitor?

You cannot have a legally binding order until you have a Decree Nisi but that can come through pretty fast so you could get started on all the financial stuff now.

Hadenoughnow

  • vivi36
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19 Apr 12 #325119 by vivi36
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Just another thought, have you confirmed with the mortgage company that they are prepared to do this? Mine refused us!

good luck

  • totallygutted
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19 Apr 12 #325125 by totallygutted
Reply from totallygutted
Hi,
Marriage was 5.5 years.
the mortgage company have said thats its OK as I have someone to be named on the mortgage with me in STBXs place.
so the financial separation comes into place at decree nici stage, we dont have to wait for the absolute?
we met this evening and have agreed to go to see a sol together next week to ask them to put our agreement into a legal document but I will also ring the advice line

Thanks.

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