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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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Consent Order: How watertight?

  • mcvw
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11 Jun 12 #336040 by mcvw
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Hi,

About a year or so ago I purchased a consent/final order from this site - however when I saw a solicitor earlier in the year and mentioned this fact, the solicitor commented that normally orders ''of this nature'' aren''t actually ''all that final'' and that they require additional work from a solicitor to make them completely watertight/final.

How true/correct is this comment from the solicitor as I am now confused, and also wary of completing/submitting the Consent Order I already have?

If the consent order I have is not ''watertight'' what are the exceptions/holes that I should ask a solicitor to ''plug''?

Thank you,


Mike

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11 Jun 12 #336041 by dukey
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Mike

Was the order sealed in court? If you look on the first page does it have a rubber stamp?.

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11 Jun 12 #336044 by mcvw
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Sorry - I should''ve been more explicit.

The consent order I have is yet to be submitted to court as my ex has still not yet completed her side of the documentation.

The main reason being that she keeps changing her mind over what she wants as a settlement (women eh ;)lol!)

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11 Jun 12 #336046 by dukey
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Mc

The order does not become binding or watertight as you say until it''s signed and sent to court with the D81 if the judge is happy with it s/he stamps it and then once you have the Absolute it''s binding and enforceable.

So until she agrees it and signs it the solicitor is right sadly.

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11 Jun 12 #336048 by mcvw
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Hi Dukey,

Thanks for the reply.

I understand that it wouldn''t become binding until the court approves it, however the impression I got from the solicitor was that the consent order I have would not be completely final (even after court approval) and that a solicitor could extend/add extra conditions to the consent order to make it totally ''final''.

Thanks again,


Mike

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11 Jun 12 #336049 by dukey
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Mike

Once the order is sealed it is binding if you have the DA everything in the order can be enforced, perhaps the sol is suggesting other clauses could be included I can only guess, there is nothing that can be done to make it more binding.

They are what they are and do what they say, did the sol make any specific suggestions, term bar maybe?.

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11 Jun 12 #336050 by mcvw
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Hi Dukey,

The DA was granted in Jan 2011, and as you say I was hoping the consent order would merely be a final formality - especially as we had (at the time) agreed on a settlement i.e. 50/50 equity split, pensions etc to not be included.

The solicitor did state that one of my pensions could be ring-fenced as it was effectively ''closed'' prior to my relationship/meeting my ex. But other than that they implied (or gave that impression) that they ''turned their nose up'' at fixed price consent orders as they ''weren''t worth the paper they were printed on''.

Is it possible the solicitor was acting in a somewhat ''snobbish'' manner towards these consent orders, or were they being totally transparent and offering their services to extend the consent order thus making it totally sealed?

Thank you,


Mike

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