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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.


Decree Absolute and Form E

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19 Nov 07 #7012 by Random
Topic started by Random
My partners Decree Nisi came through a couple of weeks back (finally!)and he's quite keen to apply for his Absolute as soon as he is able. However, his solicitor has recommended that he doesn't apply for it until the finances are all sorted.

- Has anybody else been told this?
- Is it more difficult to sort the finances out after the Absolute has been granted?

He's not really sure what to do as he is still waiting for his ex to return form E (should have been Sept - think she didn't realise how hard the form would be to fill out!, and potentially the financial side could drag on for months.

Any advice would be greatly appreciated.

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19 Nov 07 #7015 by Specialdad
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If they agree amicably through say mediation should take just a few weeks and cost a few hundred quid.

If they disagree or don't communicate will take months if not years and cost them thousands of quid.

As they say on tv Deal or No Deal????? ;)

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19 Nov 07 #7018 by Random
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I'm not sure how mediation will work in their case as she lives abroad - I presume it will be sorted through the solicitors and cost a fortune?

The last letter from her solicitor (over a month ago) said she had emailed the info for form E and was posting the relevant documentation - which at the time of dictating the letter had not arrived.

I doubt if there will be an amicable agreement. Before the sols were involved my partner (who has the three kids with him) offered her 50% of the proceeds from the house sale after the debts were paid off, plus the endowments and she refused!

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19 Nov 07 #7023 by loobyloo
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Random
yes usual practice to not apply for absolute until finances settled... minegone on since march due to x2b dragging feet!! i have fdr in dec and hopeful get closure.. but not holding my breath
looby
ps yes will cost a bit!!

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19 Nov 07 #7043 by Random
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thanks. Did your sol tell you why?

Dragged on since March... you must be very hacked off with it all by now!

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19 Nov 07 #7046 by Vail
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Random,

With no Decree Absolute the pension is up for grabs. Once the absolute is granted there is no more husband and wife and therefore no entitlements to pensions so if one side applies for the absolute and the other feels they could do with a slice of pension, they file an objection at the court and the court will look at what advantages/disadvantages the parties get with a grant of absolute before the finances are settled.

It's pretty much the case that one side stands to benefit and that other stands to lose, so it won't be granted.

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19 Nov 07 #7047 by Specialdad
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Legal process taking time is no joke. :S

A friend of mine's financial settlement took ten years to complete by which time the kids had grown up and left the nest and both he and his ex were of retirement age.

So be ready for a long slog B)

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