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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.

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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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Clean break

  • robert1940
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16 May 12 #330873 by robert1940
Topic started by robert1940
I want to agree a Clean Break, which I think my ex and I can (no kids, 2 properties owned outright). Can we do this now or do we have to hold for anything??

Comments appreciated.

  • TBagpuss
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16 May 12 #330886 by TBagpuss
Reply from TBagpuss
you can do it now. If you are going to get divorced, it would be appropriate to have a Consent Order drawn up - yo can both sign this and fill in the Statement of Information, and then send it to the court once your divorce gets to Decree Nisi stage

It is perfectly possible to have an order which says ''it''s recorded that we already sold / transferred / split the house / bank accounts'' and then simply states thwere is a Clean Break and all further cloims are dismissed.

If yo are not planning to get divorced at present, it would be sensible to have a deed of separation dran up confirming the details of the Clean Break, and your agreement to get a clean break Consent Order as and when you do divorce, as this gies you both a measure of protection if there is a change in circumstances, or one of you changes your mind, over the next few months or years before you do divorce.

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