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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.

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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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Gaining absolute before financials sorted?

  • moonstar04
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04 Nov 07 #5854 by moonstar04
Topic started by moonstar04
For those of you that have read my history you will know that I have been to the Nici stage before, left the absolute stage for four months then attempted reconciliation, recinded the nici etc etc. Now I am doing it all again, however my solicitor stated the first time round that she would not get the absolute till the financials were sorted.

My question is can you get the absolute before the financial side is sorted or do you have to wait??

The reason I ask is that I natrually want the absolute for my own piece of mind before doing the rest. There is no one else involved on either side but as you can imagine being in the FMH is stressful enough.

Many thanks in advance

  • loobyloo
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04 Nov 07 #5855 by loobyloo
Reply from loobyloo
hi moonstar
in my divorce have had nici since april, my solicitor will not apply for abs until ancillary relief matters resolved...this is in my interest and not as far as i am aware a legallity.... i am desperate for absolute to get that closure but will hang on in as managed this far
hope of help to you
regards looby

  • Sera
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04 Nov 07 #5870 by Sera
Reply from Sera
You're better to get the fiancial resoved BEFORE!

If circumstances were to change post divorce; let's just say he finds new lady, he has new family, their needs to be house etc; will come into play.

You're best having a Clean Break divorce, clean break from financial claims in the future...

In my first divorce 1999, the Court ordered financial resolved, before divorce, with the Decree Absolut stamped the very next day.

Just do what is needed, and encourage ex also to get a move on!

  • topaz
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  • Platinum Member
04 Nov 07 #5879 by topaz
Reply from topaz
I know my Decree Nisi next week but sol said we dont apply for the absolute until the finances have all been dealt with.I'm sure I've read somewhere that it's the safest way as there's no chance of losing out re pension rights etc.

  • weespud
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05 Nov 07 #5883 by weespud
Reply from weespud
topaz, where did you read about the pensions?

  • TMax
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05 Nov 07 #5884 by TMax
Reply from TMax
yes most definate get those finances done make sure it through the court signed sealed deliverd, I made that mistake X got the caash then legged it for a few years blew and has now come back for more, Now I have to rely on a judge who I hope can spot a lier a mile off as to getting the money. and the way its going looks like I may be still at this door next year, god 8 years of hassle. X is now going for my pension now in payment and my war pension which as far as I know X has not got a cat in hells chance of getting.:-)

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