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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.


Absolute before consent order sealed

  • Fleetfox
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19 Mar 20 #511844 by Fleetfox
Topic started by Fleetfox
Hi all,

I'm sorry if this has been asked before (I looked and couldn't find).

I'm at the end stage of my divorce - the 6 weeks and 1 day have passed and I can now apply for absolute; my solicitor has the signed form in their possession ready to send. My ex and I agree on the consent form details and this was sent in to Bury St Edmunds on the 3rd January, but as of today's date (11 weeks after the court receiving it), nothing has been returned, sealed or otherwise.

The Consent Order states that the ex won't claim anything on the house (deeds are in my name, always have been) and I won't make a claim for his pension. Our cars are ours as are our debts.

If I apply for absolute will the ex be able to make a claim on the house when we're divorced and before the Consent Order comes through or would this be difficult to do? I'm not bothered about his pension at all, and am aware that should he die (unlikely) without the order being made that I would not have a claim to his pension, which really doesn't interest me. There are no children involved in this divorce and we were married for 19 years.

Sorry if this is a silly question, but this has dragged for nearly 10 months as an amicable divorce :blink:

  • hadenoughnow
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19 Mar 20 #511848 by hadenoughnow
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It worth checking with the court to see what stage of processing the Consent Order has reached.

Without knowing the details it is impossible to comment with any authority, however I am concerned that a judge may want further explanation of an arrangement such as that you describe. They would want to know what consideration has been given to his housing needs and your future income needs.

If the judge rejected the Consent Order, everything would indeed be back in the mix. A Decree Absolute would end any home rights notice that may have been lodged on the property. Any claim would be continuing until there is a legally binding settlement in place.

Hadenoughnow

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