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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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Does form A lead to clean break order?

  • teachermum
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22 Apr 12 #325835 by teachermum
Topic started by teachermum
Hi, I have some questions about form A, any advice would be gratefully received.

I want to have FMH (in negative equity)transferred to me and imdemdify ex - do I tick the property adjustment box?

I would like to keep my pension (ex doesn''t have one) - do I need to tick a box or will that be covered separately?

Lastly, will the judge make a Clean Break order at the end of the hearing? Ex is constantly pressuring for money and I would like to get some form of closure, at least on the financial side.

Very grateful for any advice,

teachermum

  • LittleMrMike
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23 Apr 12 #325850 by LittleMrMike
Reply from LittleMrMike
If you want the FMH transferred to you, that is a property adjustment order, so you need to tick the box.
You can''t really claim a pension sharing order if he has no pension against which you can make a claim, and you say you don''t want to share yours, so you don''t tick it.
The Court is specifically directed by statute to consider the possibility of a Clean Break, but that is all that is required - namely that the Court must consider it. I really can''t answer the question because long experience on wiki has taught me one thing ; that '' clean break '' like happiness, means different things to different people. As a lawyer, to me, '' clean break '' means that all claims are dealt with and neither party has any ongoing financial claim against the other. Thus spousal maintenance, even for a nominal sum ( which is possible here ) would mean the settlement is not a clean break.
LMM

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