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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?

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E form?

  • madaboutcars
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27 Oct 07 #5385 by madaboutcars
Topic started by madaboutcars
Is it possible to go through the divorce proceedure without disclosing form E to each other.
If we both agree to divorce, and im happy to not see her form E and she agrees not to see mine (basically there is no money in the "pot" - no debts or assets.
Im assuming solicitors wouldn't agree to it as its more money for them when you start pulling the form to pieces, but in case of law, can it be done.

  • Sera
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28 Oct 07 #5415 by Sera
Reply from Sera
I could be wrong: But I was under the opinion that a
form E was a 'legal' document that is required by law.
(Not just to declare between the parties the finances)?

Our Mediator told us of a Rhastafarian guy that didn't want to form-fill, so left everything to his ex wife.
The Court disproved his action, because he had no adequate means of maintaining himself without a share of the proceeds, and the Court ordered the split differently! (Against the parties will!)

I thought that all agreements had to be legally drawn up?

  • Louise11
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28 Oct 07 #5424 by Louise11
Reply from Louise11
Hi

The "legal form E" route is only when warring spouses start arguing over what is what.
If you are both amicable and have legal representation there is no reason to even enter that stage of it all.
All you need do is consent to an agreement, have a document drawn up called a Consent Order and have it rubber stamped by a Judge! In the consent order you want a "Clean Break" so one cant come after the other at a later date. But be very careful if say, you had a million pounds in the bank that the other party knew nothing of, because it could always come back to bite you hard on the bum if you dont declare things. |If after the Consent Order has finanlised things then of course any assets you may get AFTER belong to you.
Just to clarify matters, the only time that you will need to fill out a form E is when the other party has filed a form A (application form to apply for ancilliary relief.) Once this process has began the court will order that both sides complete and file a Form E at court by a given date!

Hope that helps
Kind ones
Louise.

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28 Oct 07 #5426 by Fiona
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When there is no legal document settling the finances it's possible for future claims to be made against each other. However, if you are in agreement a sol can draw a Consent Order which once approved by the court is legally binding. In this case you don't need form E, there is just a much simplified form to complete.

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28 Oct 07 #5430 by Louise11
Reply from Louise11
Just to point out here, that you can do your own Consent Order without the need for a solicitor!

Cost to do it yourself? £40 to make an application to the courts.
Cost involving a solicitor? We were quoted £400!

Kind ones
Louise

  • tarot
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29 Oct 07 #5476 by tarot
Reply from tarot
Can I just clarify this......
If my x2b and i divorce, house has already been split, I bought him out, he got £30k. No debts (we were good!!). No other assets that I want from him, ie pension, redundency payment. My only asset was my share in the house, and we have now sorted that.
I apply for a Consent Order costing about £40 which needs to be rubber stamped by a judge and we can request a Clean Break and thats it, end of divorce.
Is that correct or am i going mad;)

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29 Oct 07 #5478 by suzisu
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Hi

I need some clarification here too. My X2b and I have agreed on the finances but I am unsure what to do next to make it legally binding. At present I am in the FMH with daughter (3) and have the car and savings in my name. We have decided I will buy him out and give him the car and savings but I'm reluctant to transfer anything until I know he can't legally change his mind! Am I correct thinking we can go direct to the court for a Consent Order. A solicitor has quoted £250 + vat for a seperation agreement. Also can we do this prior to divorce?

I'm very grateful for any advice.

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