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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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Decree Nisi & Financial arrangements

  • Lady in Blue
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19 Mar 08 #17206 by Lady in Blue
Topic started by Lady in Blue
According to the Divorce Guide on this site under Dissolving the marriage Step 3 "Obtain Decree Nisi" it says that and I quote "The Decree Nisi must be in place before any financial orders are made by the court". Yet in the McCartney/Mills divorce the judgement published yesterday states in point no. 7 "No decree nisi has yet been pronounced etc etc (giving all the reasons) so at a hearing arranged for 12th May I hope to be able to pronounce a decree nisi of divorce".

I am the petitioner in my divorce and I am trying to delay the decree nisi for as long as I possibly can for reasons too complicated to go into here. Does this mean that if I want a financial order in place before decree nisi I can get it or not?

  • Secret Squirrel
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19 Mar 08 #17228 by Secret Squirrel
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Hi Brandon,

All I can tell you is what is happening in my divorce. I petitioned my wife and she cross petitioned me so we were in a bit of a standoff situation unable to get to nisi stage. Very much like the McCartney's! My solicitor then got me to issue ancillary relief proceedings straight away so that we could get down to the nitty gritty of the financial dispute.

So currently my first hearing for ancillary relief is in a couple of months and we have already exchanged form E's yet we do not have a decree nisi yet.

As I understand it, the financial proceedings cannot exist without there being a divorce petition and you cannot get a Consent Order until absolute but as my case shows it is possible to kick start the financial proceedings.

Hope that helps.

Secret

  • Fiona
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19 Mar 08 #17230 by Fiona
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The relevant sections of Matrimonial Causes Act 1973;

Financial provision orders: divorce and separation.

22A(2) The “appropriate time” [to apply for AR] is any time—

(a) after a statement of marital breakdown has been received by the court and before any application for a divorce order or for a separation order is made to the court by reference to that statement;

(b) when an application for a divorce order or separation order has been made under section 3 of the 1996 Act and has not been withdrawn;

(c) when an application for a divorce order has been made under section 4 of the 1996 Act and has not been withdrawn;

(d) after a divorce order has been made;

(e) when a separation order is in force.............


Restrictions affecting section 22A.

22B (1) No financial provision order, other than an interim order, may be made under section 22A above so as to take effect before the making of a divorce order or separation order in relation to the marriage, unless the court is satisfied—

(a) that the circumstances of the case are exceptional; and

(b) that it would be just and reasonable for the order to be so made.

  • Lady in Blue
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19 Mar 08 #17240 by Lady in Blue
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Thanks

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19 Mar 08 #17241 by Lady in Blue
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Thanks

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