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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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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.


too late ancilliary relief?

  • nickysolar
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05 Mar 08 #15866 by nickysolar
Topic started by nickysolar
i split with my now ex husband in september 2005 after 9 years marriage. i filed for divorce on grounds of adultury via cheap online service.
no property owned but had good lifestyle with him earning around 7k a month from business we both set up but that business folded also same time as marriage. however he is still doing same business but in different name and earning same. so i was left in rented house with rent of £2250 p/m, no arrears, until he left, meanwhile i wanted to divorce him quickly and didnt know or apply for maintenance for rent living costs etc as didnt want to hold divorce up. (by now he was in other part of country, gambling and lots women. myself and 2 kids were forced to move to friends house at end feb 2006. when we met i was training to be midwife and gave up cos of his controlling, manipulative behaviour. so now my current situation, am remarried (15th sept 2007). is it too late to apply for ancilliary? or a settlement of some kind? his new girlfiemd (our old au pair) has had a house boght for her. i feel so angry as i dont have a career and also have loads debt from time we were married.(he clever and made me have stuff in my name) i cant even get a bank account!
i do plan to train as midwife next year and i know ill feel happier when i can support myself, but at moment its a struggle with new little one.

  • BVG
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05 Mar 08 #15878 by BVG
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HI Nickysolar

Found this for you

"Another preliminary point worth mentioning is that no court order regulating the financial issues can be made final before Decree Nisi. It is only after that point a court can make an order - even if it is a "consent" order which embodies an agreement which has been reached between husband and wife and turns it into a court order. There is also no time limit thereafter (although some rights might be lost on remarriage) during which the court must make an order settling the financial issues. Indeed, it might take very much longer to resolve the financial issues than it takes to obtain the divorce and so the final agreement (or order) may not be reached until after Decree Absolute - and sometimes long after. The only thing to remember in this latter case is that a spouse's right to apply to the court to decide the question of ancillary relief is lost on remarriage. Therefore if financial matters have not be resolved by the time of decree absolute it is absolutely essential that a spouse wishing to remarry should at least issue an application for ancillary relief before doing so.

See www.terry.co.uk/div_ar01.html

I dont think its good news. Sorry!

  • Louise11
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05 Mar 08 #15888 by Louise11
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Nicky

You have to look at your original divorce papers, if you have crossed out the prayer (which says something along the lines of do you intend to apply for any of the following orders, something like pension sharing, lump sum order ect ect) If you have crossed them out, then Im afraid because you have now remarried there is nothing you can do. You could try for AR along the lines of you never had legal advice at the time of divorce, but how far that will go I dont really know, as I understand it you lost out on remarriage.
If you haven't crossed out any of the prayer you may just stand a chance of applying for AR.
I hope thats the case.
Kind Regards
Louise

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