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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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chicken or egg /DA or CO ie what comes first?

  • mbird
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08 Oct 12 #359826 by mbird
Topic started by mbird
Just wondering, don''t know if anyone can help, but when you agree on a Consent Order, do you apply for the DA before it can be sealed at court, or do you need consent order before you can Get DA?
I hope this makes sense?
It''s just I am hoping to have a consent order agreed in next couple of weeks, and as I understand it some sol''s can take a while to get this drawn up, so in the mean time can the DA be applied for? or do you need to have the DA in order to get the Consent order sealed etc?
I think Dukey will be able to decipher this....:blink:

  • NoWhereToTurnl
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08 Oct 12 #359838 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi mbird,

Its better to get the CO sealed before applying for the DA. Mine was a complicated divorce and he failed to comply every inch of the way so delaying the DA until after the CO was signed stopped him holding it up.

Its not a legal requisite but a protective measure when dealing with a difficult stbx.

Hope that helps, best wishes,

  • dukey
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08 Oct 12 #359844 by dukey
Reply from dukey
NWTT is spot on, the way it should happen is;

apply for divorce,

Agree and draft the CO,

Decree Nisi,

Send CO to be sealed in court,

Once sealed apply for Decree Absolute.

Job done.

In some circumstances a judge will refuse the decree Absolute if there is no sealed order.

  • mbird
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08 Oct 12 #359861 by mbird
Reply from mbird
Thanks NWTT and Dukey, you guys are as usual, awesome!

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