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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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Form B and absolute delay

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02 Oct 12 #358998 by mbird
Topic started by mbird
Hi there, I don''t know if anybody will know the answer to this but here goes:
My stbx filed a form b section 10(2) in march, a week before she filed form a.
She has dragged this out and continues to do so, the fdr is in a month or so but I am certain she will continue to drag this on. The longer this goes on, the bigger her share of my pension will be!
Question: can I apply for my Absolute irrespective of form b? What will/could happen?
Is it possible it will be granted and just posted out to us both?
We have contact order for children, she just won''t agree on finances as wants to drag this out and make my life hell.

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02 Oct 12 #359009 by mbird
Reply from mbird
bu

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02 Oct 12 #359012 by dukey
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I''m confused, form b is rarely used and when it is its used in conjunction with form a after divorce?, anyway it has no bearing on the judges decision to allow the Decree Absolute.

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02 Oct 12 #359017 by mbird
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Thank god you are here :-)So dukey what can I do? Can I apply for DA tomorrow?

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02 Oct 12 #359018 by mbird
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I really don''t see why I shouldn''t apply being as the Financial application is underway and we are under the courts timetable (which I am sure you are aware) what would be the disadvantages to me Dukey, it''s just my solicitor has always advised not to but I have never been able in the past to ever have got a reason out of her??

If I do put in tomorrow, what is the procedure? Do they inform the other side that I have applied for it or just go ahead and issue the DA?

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02 Oct 12 #359019 by dukey
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Providing the respondent has no accepted stay on the Absolute and the timing is ok then yes your free to apply for the Absolute.

Don''t thank God thank wiki :)

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02 Oct 12 #359022 by mbird
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I hate not understanding things Dukey, and right now I don''t see why her solicitor filed a form B?? What is it''s purpose?
The inference I have is in old correspondence from my old solicitor to hers saying "you have issued financial proceedings and a section 10(2) notice,why ? All you needed to do was write and ask for confirmation that my client would not apply for Decree Absolute and you would have received it"
So I just don''t get it?

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