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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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Clean break query

  • BetweenARock
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18 Jan 21 - 18 Jan 21 #515397 by BetweenARock
Topic started by BetweenARock
So myself and ex wife have been divorced several years and been on pretty good terms for the most part. We’re both starting to move on and I’ve brought up the idea of finally sorting a Clean Break order so both ourselves and prospective future partners are protected.

We’ve agreed in principle that there’s no sharing of assets (not that either of us have much, own homes, already split assets from marriage, both have several years of company pensions)
I pay in excess of csa guidelines for child support and this will not change.

However I’ve spoken to a couple of legal bodies who have given greatly differing opinions on this.

I suppose the question I’m asking is, although we’ve been split and had an absolute for 6 years or so, is a court likely to kick out an order for any reason if assets aren’t equal? (And when would unequal assets become a cause for concern by the courts? 5% disparity? 30%?)

Even if we both agree on the terms of the order would a court be likely to disagree and enforce additional payments by either party?

Many thanks
Last edit: 18 Jan 21 by BetweenARock. Reason: Spelling

  • hadenoughnow
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19 Jan 21 #515404 by hadenoughnow
Reply from hadenoughnow
You don't have to have an order if you are happy with the arrangements and do not propose to share pensions.

The prospect of a future claim still remains open however.

It can be trickier to sort out a settlement long after a Decree Absolute when you have been living separate lives. The main thing is to ensure that your respective needs for housing and income, now and in the future are met and that as far as possible assets from the marriage are divided equally, including pensions up to separation.

Without the details of the finances, length of marriage, children etc it is hard to comment further.

Hadenoughnow

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