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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.


On-line Divorce

  • suzisu
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25 Oct 07 #5279 by suzisu
Topic started by suzisu
Hi

Has anyone tried online divorce? My x2b and I have been married for 7 years, own our home with about £50k equity & have £10k savings. He says I can have the house (which will be trfd to my name) and he will have the savings and car. I think this is a fair deal as I am not keen to uproot our daughter (3) and can just about manage to keep our heads above water!!

As we have agreed our finances and agreed terms of divorce, to cut back on costs do you think online divorce plus a Clean Break agreement is a suitable way forward?

I would really appreciate your opinions.

Thanks

  • LittleMrMike
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25 Oct 07 #5280 by LittleMrMike
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My view, and I think one which is shared by many regular contributors to this site, is that you get what you pay for.

I suppose you know that he can't get a Clean Break from his obligations towards your child. That is governed by statute and the Court has no jurisdiction.

I think you would need to apply for a Consent Order and you will need to check whether the price you pay covers this.

Some judges will insist on a nominal maintenance order for yourself, like 5p a year, which is not actually paid, but which enables the order to be varied upwards if the circumstances change. This is simply to make sure that, if you fall on hard times, the child is not disadvantaged. From your husband's point of view such an arrangement is not really a ' Clean Break . because there is always the possibility of a variation. Just thought I'd warn you.

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25 Oct 07 #5281 by suzisu
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Thanks for your advice. X2b is prepared to pay over the 15% CM expected. Is this what you mean by a nominal maintainance order? This is all so new to me and I really don't know where to start. Just looking to keep things as amicable and low cost as possible.

  • sexysadie
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25 Oct 07 #5282 by sexysadie
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I assume Mike means spouse maintenance, which is governed by the court, rather than child support, which is governed by csa. If your x2b wants to pay more than csa rates (and good for him if he does) then I think that could be put into the court order, though I don't know whether it's best to do it as spouse or additional child support (I'm not entirely sure whether the latter is for specific things such as school fees or general support though).

Sadie

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25 Oct 07 #5283 by suzisu
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Thanks Sadie

I was a bit concerned trying to "push" for things like SM as I feel like I've got the better deal being able to keep the MH and just want this mess over. Once a court order is stamped am I right in thinking that this can still be amended at a later date if circumstances change ie. CM/SM.

Feel like a fish out of water!!

Suz

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