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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.


Clean Break Question

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03 May 12 #328179 by Fiona
Reply from Fiona
From the legal POV a judge is duty bound to ensure a Consent Order finalising a financial settlement divorce is "fair" ie complies with s25 Matrimonial Causes Act 1973 and other law.

If there has been full disclosure, both parties took look advice and an agreement is "fair" (see above) a Separation Agreement carries considerable weight. Whilst a separation agreement isn''t legally binding a court will give regard to an agreement as part of the overall circumstances when making an order for financial provision on divorce. A judge can make an enforceable order in the same terms as the agreement.

A Separation Agreement can be useful and save money because the newly separated spouses agree how to separate the finances and divorce a year or two later when emotions aren''t running so high. It reduces the chances of conflict, court proceedings and expensive legal bills.

However, negotiating a Separation Agreement costs about the same as negotiating a Consent Order settling the finances on divorce and you will still need to have a consent order drafted in the same terms as the Separation Agreement. Separation agreements are always subject to review and there is a risk of expensive legal proceedings if later someone changes their mind.

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