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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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Absolute

  • mbird
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17 Sep 12 #356349 by mbird
Topic started by mbird
Hi guys, have my fdr in next month but am fed up of stbx dragging this out just to make it difficult for me. I was advised earlier in the year by my solicitor not to apply for DA and that it may even get refused as finances not sorted.
However I just want it over with and to be divorced. What will happen if I apply? Will the court inform the other side as they said if I did apply for DA they would stop it.
What are disadvantages and how can they stop it??? Dukey are you about?

  • jerseygirl100
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17 Sep 12 #356352 by jerseygirl100
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Hi mbird, if you are the respondent and you apply for the Absolute then i believe the applicant can ask for it not to be granted on grounds that finances have not been finalised.
I believe you could have to pay costs to the applicant if a short hearing were to be ordered.
My partner is in the same situation as you and when we checked with the judge at first appointment she did say that absolute may or may not be granted until finances are settled but in any case expect the other side to apply for costs.
Short answer is that you are probably best waiting until ex applies ( assuming ex is applicant)

Good luck

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17 Sep 12 #356353 by mbird
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Thanks, no I''m applicant for divorce, but she''s applicant for Ancillary Relief ie she filed form a etc.

  • dukey
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17 Sep 12 #356362 by dukey
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Do you know is she made an application to "stay" the Absolute, asking it be delayed in other words, if not you could apply but as the other lady said it tends not to be a good idea especially if pensions are to be divided.

And yes i`m always around, the mods have me chained to a radiator, i only get fed if i answer questions, if i get one wrong i get the 20,000 volt wiki cattle prod.

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17 Sep 12 #356367 by mbird
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Ha ha ha dukey thanks.

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