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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.

Consent order advice needed

  • Jenna29
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17 Apr 12 #324427 by Jenna29
Topic started by Jenna29
My stbx has forwarded me the Consent Order his solicitor has drawn up to sign but I have a few questions if anyone would be able/kind enough to offer some advice. The basis of the consent order is that he pays me £10,000 in return for me ''transferring all of my legal estate and beneficial interest with full title guarantee in the FMH'' and that this happens within 3 months of the order. It also says we shall bear our own costs in so far as this agreement and negotiations thereto are concerned. It says that there may be liberty to apply as to the implementation and timing of the terms of this order. Does this sound okay or should I be wary?

  • sexysadie
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17 Apr 12 #324449 by sexysadie
Reply from sexysadie
Hi Jenna,

If you are happy to only have £10 000 from the house (this is the bit you have to be sure about) then I think this looks fine.

The transferring bit says that you will give up any rights in the house in return for that £10 000. You will need to sign various transfer forms which will be sent to you by your ex''s solicitor. As you see, there is a time limit for this and a time limit for his payment. These should happen simultaneously as with conveyancing when you buy a house.

The bearing your own costs bit means that neither of you will claim the costs of this agreement against the other - you pay for your legal advice and he pays for his.

The liberty to apply bit means that if there is a hiccup then one or both of you can go back to court to ask for extra time (we nearly had to do this as my ex''s solicitor was very slow). Or if one of you fails to co-operate with the order then one of you can go back to court for enforcement.

I think that is what it all means, anyway. I hope one of the lawyers will appear soon and correct me if I''m wrong!

Best wishes,

  • Jenna29
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17 Apr 12 #324581 by Jenna29
Reply from Jenna29
That''s great Sadie, thank you. He''s also sent me a form about finances to complete, if there is a large difference between our assets and income will the Judge still OK the order?

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