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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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Consent order wording

  • themindboggles
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24 Sep 07 #3855 by themindboggles
Topic started by themindboggles
I have recieved my CO and unsure of some of the wording if anyone can help::
1. neither party to ddivorce shall be able to make further application under the MCA 1973 s2391(a) or (b) in relation to marriage??

2. neither party may apply to court on death of the order for provision out of the others estate pusuant to the inheritance (provision for family and dependants) act 1975/ the court considering it just so to order???

3. there be liberty to apply as to the timing and implementation of the terms of this order???

Thanks in advance!!

  • LittleMrMike
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24 Sep 07 #3857 by LittleMrMike
Reply from LittleMrMike
Without seeing the Court order as a whole it is difficult to be dogmatic but I would say

1. Will preclude either of you making any further applications for financial relief in the future ; but should this not read s 23 (1) (a) or (b) ?
2. As the law stands, either of you could apply for ' reasonable provision ' out of the estate of your respective ex's, This clause would prevent either of you doing it.
3. ' Liberty to apply ' is a fairly standard addition which means that either of you can apply to the Court to resolve any difficulties which may arise in implementing the Court's order.

Mike

  • wscowell
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24 Sep 07 #3863 by wscowell
Reply from wscowell
Sounds like a pretty standard "bare bones" Clean Break order to me. Mike has said it all.

Will C

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24 Sep 07 #3868 by themindboggles
Reply from themindboggles
thanks for your replies.... im very happy with no 1 no 2 and no3..... and number 3 i may have to go down that route is a sale on FMH isnt forthcoming!!..

Cheers

  • wscowell
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25 Sep 07 #3908 by wscowell
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Whoa, hold on, isn't sale of the house in the draft Order? If not, why not? Along with a provision for the Judge to sign the conveyancing papers if either fof you refuses to sign, provision for valuation etc....

I thought the Order you told us about was all of the Order, nothing else. If there are things you and ex agree to do, they should be in the Order.

What's in the order? What do you plan /expect to be done?

Will C

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25 Sep 07 #3914 by themindboggles
Reply from themindboggles
As far as house sale goes it just says that we split mortgage payments until a sale is achieved and that we both have equal entitlement to participate in the conduct of the sale.... TBH WSCOWELL i feel my barister was a load of sh*t .... there are no terms and conditions and nothing to say a judge tosign papers ..... i feel i will end up back in court as the ex will try to stop sale jus tso she can stay there for ever.....
I also wish there was some way i could complian about my legal team as i feel bullieed by them into agreeing something that i should never have and my solicitor didnt even bother with coming to court...!!

  • wscowell
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25 Sep 07 #3919 by wscowell
Reply from wscowell
To be fair, it's not normal to have stuff in the Order about what's to be done if the other side won't co-operate in the sale, after all, you do have "liberty to apply" to the Court to get help implementing the terms of the order.

BUT if the Order says nothing about "the former matrimonial home at ..... be placed on the market for sale forthwith....[provisions for valuation] ... [provisions for control of sale] etc then you can't ask the Court for help later in getting it sold.

You need to be getting back to your solicitors to complain about the lack of thoroughness in drawing up the order. They knew what you needed to protect your interests, they must have known that what your Counsel came up with was too little. It seems that they may have instructed somebody too inexperienced to represent you properly. It can happen. But the selection of the appropriate barrister is their responsibility. It is what you pay them all that money for.

Jeez, why am I, a solicitor, always having to tell people their sols have let them down? It's very depressing for anybody halfway conscientious...

Will C

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