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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 E or not Form E?

  • Mr Smith
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  • New Member
23 Sep 07 #3833 by Mr Smith
Topic started by Mr Smith
I have been advised by my solicitor that in his opinion the use of a form E in the case of my divorce is over the top. His reasoning is that the only notable asset that we have is 30k worth of deposit based savings held between us. He has suggested that we provide my wifes' solicitor with a letter detailing financial information such as details of accounts (how much + where) cash value of pension, current net wage,etc, along with supporting evidence such as recent bank statements, wage slips, etc. He feels that we should ask for the same from her solicitor. I'm ok with this, but I heard that completion of form E was mandatory for divorce. Anybody got any thoughts on this?

  • LittleMrMike
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23 Sep 07 #3835 by LittleMrMike
Reply from LittleMrMike
It's perfectly possible for you and your wife to negotiate a settlement without involving the Court at all, except that if you do reach agreement, you have to submit a much shorter and simpler form ( form M1 ) to the Court to get a Consent Order formally approving the terms of your agreement. A Form E is only necessary where you use the Court's own procedures.

Full marks to your solicitor for trying to reduce your costs. If the issues involved are relatively straightforward and you think that it should be easy to reach agreement, then Form E is probably over-egging the pudding.


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