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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.


help with financial settlement agreement

  • Felix
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29 Feb 08 #15394 by Felix
Topic started by Felix
Hello,

After separating from my husband in September last year, I filed for divorce in January this year based on his unreasonable behaviour. In order to make the divorce as painless as possible for both of us, I am now trying to negotiate a very modest final financial settlement from him. I moved out from the flat we were sharing and have been renting a small studio. I want to move on with my life and therefore I want a Clean Break divorce and a small lump sum payment from him to help me survive the next few months.
Could anyone help draft a financial settlement agreement, which would be part of a draft Consent Order? I understand that once proceedings have reached the Decree Nisi stage, a Court Order is drafted (based on that financial settlement agreement), setting out what has been agreed between me and my husband. Both parties sign the draft Order, which then can be submitted to the Court.
Any help/suggestions will be highly appreciated.

  • dukey
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29 Feb 08 #15398 by dukey
Reply from dukey
HI felix

Wellcome we will help with your questions but one for you first are there children from the marrige? (no Clean Break if there are)

I assume you have completed form d81 and exchanged with your spouse.

The Consent Order should be drafted by a sol if not it may be contested at a later date so be carefull

dukey

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29 Feb 08 #15403 by Felix
Reply from Felix
Hi dukey,

Thanks for your reply.

We have been married for 4 years, separated after 3 (I left as could not take his behaviour anylonger) and there are no children involved.

Until now my husband did not want to agree to a divorce -he decided to reply to my emails once I've filled a divorce petition. He now says he is willing to consider giving me a divorce, however he is still being difficult and I am not sure I can trust him.

This is why I have not completed form d81, nor exchanged it with him - he simply was not interested to discuss anything. I was hoping that since I do not want to kqke a claim on the marital property/assets/pension, etc but just want a small lump sum, I do not need form d81. Am I mistaken?

I was hoping that all we needed was a financial settlement agreement between us along the lines 'in order for me not to make any claim on the X property nor any other assets, the amount of GBPX will be paid as a final settlement(...)'.

Please advise where I stand and what I need to do next to end this marriage for good.

Felix

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