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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.


Financial Remedy =Ancillary relief

  • cherish68
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09 Apr 12 #322538 by cherish68
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Slept badly last night and feel rubbish!!! Just looked up what'' financial remedy'' means and its the new term for ancillary releif. So my ex is taking me back to court for outstanding ancillary releif (we divorced in 2009)- but I''m still no clearer what this means after a Clean Break divorce and maintenance being dealt with through the CSA. He is obviously after more money, but how does this work? Has anyone any ideas?:(

  • jonathancj
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10 Apr 12 #322751 by jonathancj
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We would need the usual information about ages, children, assets, liabilities, length of relationship and marriage, incomes etc.

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10 Apr 12 #322854 by cherish68
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Thanks for response - I have realised today that a Consent Order was never signed. We were married for 14 years and have 2 children ages 13 and 14. I worked part-time once the youngest reached school age. Went for a Clean Break - no spousal maintenance and no pension sharing and CSA to deal with child maintenance once divorced. We negotiated finances following the sale of the MH and I left with enough to buy a house outright. He re-married 2 months after divorce. The kids went to live with him following yet another court battle 7-8 months later. We divorced in 2009. Since then I have got my life back together and will be a qualified teacher in a couple of months. He is now taking me back to court over the financial agreement we made back then and wants it changed due to his needs and the fact he has residence of our kids.If no Consent Order was signed does that mean we do not have a clean break order aswell? Will I be forced to sell or re-mortgage my house?

  • hadenoughnow
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11 Apr 12 #323130 by hadenoughnow
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I am afraid it looks like he has a case for trying to vary the terms of the unsigned Consent Order. However a lot is going to depend on the circumstances. The children live with him but he has remarried so is a 2 income household presumably?
Do the children stay with you overnight? Your housing need is the same as his if that is so.
Do you now have a mortgage capability? This may be a factor.
Do you pay CM?

You say the Consent Order was not signed. Why was this? Did it ever go before a court?

Without knowing a lot more about the situation then and now, it isn''t really possible to tell you much more. I would suggest you get some legal advice though.

Hadenoughnow

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13 Apr 12 #323544 by cherish68
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Thanks for your response. At the moment only one child resides with him. I have weekend contact with my kids (2 nights) every other weekend and half school holidays. My ex had to prove he could financially support his new wife and 3 kids before she came to England (she''s Canadian), but since then he has been unemployed and I believe claiming benefits for them all. His wife has never worked. I paid child maintenance whilst working, but am now a student - due to qualify as a teacher in a couple of months. I have no savings and no income other than my student grant - just over £3000 for the year. So I have no money - only asset is my home. My ex owns his mothers home (she pays him a peppercorn rent) and must be working now to be able to afford this litigation. I have managed to go back to the original solicitors - they cant understand why things weren''t tied up back then. I am now in the process of seeking legal aid. Hopefully the divorce file will show that agreement was reached, in which case, it is up to ex to prove why it should not now be made into a Consent Order.

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