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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?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Consent orders rejected by the court?

  • listep
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01 May 12 #327719 by listep
Topic started by listep
Just wondering if anyone on the board had their Consent Order rejected - I know it is agreed by both parties, but also the judge needs to make sure it is fair. I wonder what level of ''unfairness'' is required for it to be questioned by the judge (especially where no children are involved, but there is a discrepancy in both parties earnings for example...).

Any opinions?

  • dukey
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02 May 12 #327859 by dukey
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Has the judge actually refused to seal the order? or is this hypothetical, if it is don`t worry about what may or may not happen, if it was refused then wiki can help.

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02 May 12 #327864 by TBagpuss
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Dukey''s right. It is easier to give advice if the question is a little more specifc. However, if you are looking to avoid having an order rejected then one thing to do is to make sure that in the ''other relevent information'' section on the Statement of Information you have given an explanation for the deal being unequal (e.g. if the unequal division has been agreed because one party put in a big capital sum, or bacuse a big chunk of liabilities were incurred by one person after the separation)

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03 May 12 #328184 by listep
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It has not actually hapenned. TBag, your answer has helped me a lot. I have all the equity, he has a loan balance and my sallary is double his salary. I have been paying through the years bills, mortgage, as he was often out of work (not due to incapacity and we dont have children). I have put the following details in relevant info:
-We reached the agreement, taking into account the contributions which each of the parties have made for the duration of the marriage.
- The respondent’s personal loan was taken out a month before the divorce petition was filed, after the marriage broke down, and was used entirely for his personal purposes. For this reason we have agreed that the respondent will be solely liable for the repayment of this loan.
- The respondent has not made any payments towards the mortgage or bills of the property since 1 June 2011. We have taken this into account to arrive at the agreed lump sum.
- The Petitioner will be borrowing the lump sum amount, a future liability not shown in the income and capital statement above.

I am actually using wikivorce Clean Break service but have not had much luck in being put through to the solicitor to ask for advice and I would want to make an informed choice on what to include... Doe the above look OK

  • MrsMathsisfun
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03 May 12 #328211 by MrsMathsisfun
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my Consent Order was rejected because my ex didnt get legal advise and so it looked like I was taking all the assets.

My ex wrote a letter to the court explaining why this was the situation and it was allowed the second time.

I would make sure that your ex takes legal advise before presenting it to court. (or at least make it clear that he understands what he is agreeing too.)

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03 May 12 #328217 by dukey
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The wiki solicitors do not advise on settlements they simply draft them, advice on settlements is beyond the scope of fixed price services, in fact it''s expensive often thousands.

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03 May 12 #328223 by listep
Reply from listep
Thank you. I understand the wikivorce service is very cheap and does not involve advice. Neither Ex, nor myself has taken legal advice, he says he doesn''t want to and just want it all over the quickest and easiest way. Thanks for all replies. You have been very helpful.

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