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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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Ancillary Relief boxes not ticked

  • ukg2bxr
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16 May 12 #330863 by ukg2bxr
Topic started by ukg2bxr
Hi,
I wonder if someone can clarify the question on Ancillary Relief. My ex has not ticked any boxes in the Ancillary Relief section and now the Decree Absolute has been granted. I dont think she is going to claim any financial but where exactly do I stand legally? Do I need to get something from the in writing that she will not be able to claim anything in future? Or is this taken for granted since she has not ticked the boxes in the petition?
If I do need to get something in writing (and I dont want if it is not absolutely necessary) what is it that I need to file?
Thank you

  • .Charles
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16 May 12 #330892 by .Charles
Reply from .Charles
If she did not tick the box in the Petition this means that there is no pre-activated claim. If your ex wife remarries she will not be able to make a claim against you. Similarly, you will not be able to make a claim if you remarry.

However, either of you who does not remarry can make a claim against the other.

For both parties it is best to reach an agreement by consent and apply to the court to have this recognised under our legal system to avoid any claims arising in the future.

Charles

  • Fiona
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16 May 12 #330895 by Fiona
Reply from Fiona
Charles is right, although I seem to remember there was a case a few years ago where it was determined a pre-activated claim had been made because the boxes had been left open rather than crossed out. :S

A court order settling the finances dismisses future claims once and for all.

  • ukg2bxr
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16 May 12 #330896 by ukg2bxr
Reply from ukg2bxr
Thank you Charles.

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16 May 12 #330897 by ukg2bxr
Reply from ukg2bxr
Thank you Fiona.
Since we are not on talking terms I think the Consent Order is out of the question. How do I go about requesting an order from the court to dismiss future claims on grounds that she has not ticked any boxes in the petition?
Thanks

  • dukey
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16 May 12 #330900 by dukey
Reply from dukey
Not ticking the box`s does not mean the right to claim is lost, it just complicates the matter and leave of court is required, the box`s are crossed out then the right to claim is lost as both Charles and Fiona say.

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16 May 12 #330902 by ukg2bxr
Reply from ukg2bxr
Thank you dukey. English law can seem strange sometimes. Why doesnt the court enforce a positive respponse on the Petition. Then people would know where they stood.
I am confused at the moment as to how I should approach in finalising this as I dont want future claims hanging over my life...

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