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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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Consent Order - Change of mind !!!

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29 Feb 08 #15380 by GOAHEAD
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My wife and I had reached an agreement, her side has prepared and signed a Consent Order with the terms we had agreed, I have signed my side and asked for a small amendement to some wording (nothing to do with the finsncial terms).

Based on that I give my wife a sum of money, very close to the half of the value of the matrimonial home, so she can buy a new house.

After that she changes her mind and decides not to go ahead with the agreed consent order, and now we need to go to court, prepare form E, etc, etc.

Does the fact thst she took the money constitutes some kind of agreement? What can be done about it?

Cheers

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29 Feb 08 #15388 by Soldierblue
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not totaly sure but i think the consent order only comes into force when it has gone i front of a judge,as the judge can veto it if he thinks it's not fair.
So if she has taken the money you will have to argue that the money is taken into account at FH.

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29 Feb 08 #15404 by dukey
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Hello mg64

Have you allready given the money before the order was sighned by your wife?

If you have do you have proof that it was paid (cheque bank draft?)

dukey

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29 Feb 08 #15406 by GOAHEAD
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Dukey,

she signed the order first, I reviewed, signed it and asked for a small amendment. Then I gave her the money.
After that she decided she had changed her mind !!!

I have all the bank records

Cheers

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29 Feb 08 #15409 by dukey
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Hi mg64

As i understand it if you have both agread and sighned a consent order its legally binding and a change of heart is not an option.

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29 Feb 08 #15410 by GOAHEAD
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Yes, we have two copies, the ones that went back and forth signed individually. I believe the problem is that it is never been presented to the judge

Cheers

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29 Feb 08 #15411 by dukey
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Hi
Were you advised that payment should be made by your sol? and why was the order not made avalable to a DJ, it still can be and should be.
What has your sol advised i still have concerns

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