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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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Deed of Separation v Consent Order

  • davt99
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20 Nov 07 #7154 by davt99
Topic started by davt99
My wife and I separated 9 years ago and had a deed of separation drawn up which we have abided by. We have since moved on with our lives and own our own homes for example and now wish to divorce so that she can have the option to remarry. A lot is mentioned about Consent Orders and why we should get one. Both of us don't want to disclose current financial information to each other as our financial arrangements were agreed nearly 10 years ago and our financial positions are now completely different from then. We simply want the deed of separation to be accepted as the final arrangements. Can the deed of separation be accepted as the final consent order which we both agree to its use and prepared to resign it when the divorce is made absolute.

  • sexysadie
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20 Nov 07 #7156 by sexysadie
Reply from sexysadie
I think so - at least I was told this was possible when we first split up.

Sadie

  • attilladahun
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20 Nov 07 #7160 by attilladahun
Reply from attilladahun
No a fresh order will need to be made -you could make an application to the Court for a Consent Order substantially in the terms of the Separation Deed
Most Courts use a pro forma -I know as I draft the same for many Courts!!
At the time you both have to file a statement of financial information form M1 with brief details of capital net income and transfer values of pensions as contract does not play a part in Divorce the District Judge must approve the order and that it is fair. If not you will have to seek leave to not file the M1.
The DJ may well assist by making an order which replicates the Sep Deed if fair. If parties unrepresented list the application for say 30 mins.
Application..."The parties seek directions of the Court and approval by the District Judge of the Separation Deed (attached) to the effect the parties wish to make an order of the Court by consent which mirrors the said deed.
The parties having agreed the settlement seek permission of the Court to approve the settlement without filing a statement of financial information and/or further order the Court considers fair."
Hope that helps

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