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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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Am i worrying un-necessarily?

  • TBEK
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14 May 12 #330458 by TBEK
Topic started by TBEK
Unfortunately i am a natural born worrier so forgive me if i ramble. You may or may not have read some of my previous posts but if not it doesnt necessarily matter.

My Mum & Dad (54 & 56 respectively and married for 32 years)are divorcing and have reached agreement through solicitor negotiations to an approx split of marital assets of 64/36 in my mothers favour.

They reached agreement in the middle of March (2 months ago) but neither of their solicitors have been in any rush to draft all of the relevent documents.

Both have now signed the Consent Order and the relevent documents and to my knowledge they have either been filed with the Principal Registry of the Family Division by now or if not shall be any day now.

The final hearing is scheduled for the 6th of July (Approx 7 weekd away) and i am concerned that the Consent Order will not be approved in time, especially as certain prep work will likely need to take place prior to the hearing (prep work that ideally we would like to avoid due to the extra cost). As well as securing a barristar with enough notice.

Im also concerned the judge may not approve the order due to some of the circumstances (My dad has terminal cancer with a short life expectancy).

The admin office at the registry said that they usually take about 10 working days to find their way to the judge and then another 5 working days to be compelted? This sounded a little to good to be true!

Am i worrying un-necessarily?

  • sexysadie
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14 May 12 #330476 by sexysadie
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If your parents have both signed a Consent Order there will not be a final hearing. If the consent order is approved and registered then that will be it - they will just need to do the actual sharing of property. I assume that now the consent order has been signed their solicitors will also now take steps to vacate the final hearing as it will not be necessary.

Approving a Consent Order doesn''t actually take a judge very long - they have a quick look at the documents to check that the split seems more or less fair and then sign it off. So I think probably the timings you have been given are about right.

Of course if the judge does not approve the order your parents may have to start negotiating again. However, if they have reached agreement once they may well be able to do so again, so they should probably still be able to avoid a final hearing.

They might want to get their respective solicitors to get a move on and file the signed Consent Order, but as far as I can see there isn''t much more they have to do, apart from apply for the Absolute.

Best wishes,
Sadie

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15 May 12 #330601 by TBEK
Reply from TBEK
Thank you for you response. Unfortunately this has been one awful year and it is only going to get worse yet. Sometimes I worry a bit too much and get myself in a state so it''s nice to speak to people know. Thanks for your help.

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