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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.


Some guidance

  • Momo65
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10 Sep 12 #354955 by Momo65
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My husband has filed for divorce and I have received the papers. He is using an online solicitor I think (I don''t have one as I can''t afford it and not eligible for Legal Aid).I am looking for some clarification on Part 10 (section 3) of the form I have been sent titled Financial Order (if you wish to make an application for a Financial Order). On this he has ticked all of the boxes: an order for maintenance...., periodical payments order, secured provision order, lump sum order, property adjustment order and then.....order under section 24B, 25B or 25C of the Act of 1973/paragraph 15, 25, or 26 of Schedule 5 to the Act of 2004 (pension sharing/Attachment Order)I have no idea what this means. Is he seeking paymen from me for or is he just confirming that this wil be discussed on completion of the divorce? Any advice welcomed.:(

  • rubytuesday
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10 Sep 12 #354958 by rubytuesday
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This bit of the form causes no end of confusion :s

it''s standard practice to have those boxes ticked on the Petition, it doesn''t mean that he will or intends to apply of all or any of those financial orders; it simply means that should things become conflicted later down the line, he has left the door open to apply for any of those orders. If those boxes weren''t ticked on the petition, a Petitioner would find it difficult to apply for any of the named orders on the Petition.

The only ones you need to worry about are if he has ticked the Costs and maintenance Pending Suit boxes.

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10 Sep 12 #354960 by Momo65
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Thank you - it would help if the powers that be would actual revamp these doucment in to something resembling laymen''s terms?

Humphrey Bogart once said that it should be REALLY difficult for people to get married and then if things breakdown then make it easy for them to get divorced - I wholeheartedly agree with that thought.

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10 Sep 12 #354962 by rubytuesday
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I agree about the rewording of the form - first you have to read all the untruths and fabrications of the UB allegations (if its a UB petition), then further down, you are given the impression that the Petitioner is coming after everything financially, including the shirt off your back!

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10 Sep 12 #354967 by Momo65
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Well that brings me to my next query.

On 1C of the sheet it asks if I agree with his statement as to the grounds for the divorce.
He has cited my unreasonable behaviour - to be honest as a means to an end and he freely admits that it was as a result of his behaviour that the marriage broke down - but I can''t afford to divorce him and we need to sort out the finances for the house.

If I write that I don''t agree with the reason what will this mean in terms of the divorce can you please advise? or can I put that I agree to the divorce but don''t agree with his reasons or does it even matter?

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10 Sep 12 #354969 by rubytuesday
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You can state that you wish to defend the allegations made against you but still tick the box consenting to the divorce - the divorce will proceed as uncontested, as it would if you didn''t wish to defend the allegations.

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