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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Ex deliberately not signing Clean Break

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20 Oct 20 #514526 by .Charles
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The court will send a notice of first appointment to each of you. The old form E can be used but must be updated.

Charles

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20 Oct 20 #514527 by sweet4u2012
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Hi thanks for your reply. So yes we are updated the previous form E we exchanged. But im sure my solicitor said we need to exchange the form e again as that's the date the court will give that will.be that date we have to make the exchange for forms e. But maybe im so.confused .

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20 Oct 20 #514528 by .Charles
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There is no point in updating the form E if you are not going to exchange them. They should be as current as possible i.e. up to the most current bills/payslips.

Once the form is up to date you can sign it and a date can be agreed for simultaneous exchange in order to comply with the direction of the court.

Charles

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20 Oct 20 #514529 by sweet4u2012
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Hi thank you for your reply. So as my solicitor as advised me to update the current documentation and lost out anything that has changed since we last exchanged the forms e. For example i bought a new car worth 5thousand pounds then this would have to be shown. We are updating the documents so does this mean we will have to go through the exchange of forms e again. Or can we just sign it and show the court this is what we have in our possession and other party doesn't agree to sign the Clean Break. My ex solicitor stated we will not go through courts we will not make a claim for finances apart from the childmaintanance payments in paying. At the moment my solicitor has not yet herd of anything from the courts the application was submitted to the courts 7 weeks back.

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25 Dec 20 #515148 by sweet4u2012
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Hi I have now submitted all my documents to the court through my solicitor. we are awaiting my ex to submit her documents if she decides to do it. I ahve asked my solicitor what will happen if she does not decide to submit her documents? will the court make the Clean Break order on my documents or will they give her more time to submit her docs?
also even though i dont have any current assets I dont know still feel worried on what the court will decide maybe ask me to make a lump sum payment to her even though im paying a high childmaintenance payment each month.

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05 Jan 21 #515251 by .Charles
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The Court will make an order based upon the finances therefore if you have no money you will not be ordered to make a payment.

In relation to child maintenance that is determined by the CMS rather than the court so those payments will be dealt with independently.

If your ex fails to respond the court would normally allow further time to comply but ultimately the matter becomes more serious and can end up with imprisonment for a party that fails to comply with the court.

Charles

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