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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.


Do you need help sorting out a fair financial settlement?

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 and decree absolute help please

  • LittleMrMike
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23 May 12 #332367 by LittleMrMike
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Jenna, I can''t second guess a judge. (s)he may want to see you together, individually, or both.

As to your question as to whether the judge would approve it, I don''t know. I have come across many cases on wiki where judges have declined to approve a Consent Order.

The fact that he has not completed form E and not declared a relationship just makes matters worse. That alone could be grounds for setting a consent order aside.

LMM

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23 May 12 #332409 by hadenoughnow
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Jenna,

You are an adult and have to make your own decisions.

However I think that to agree a consent order without having sight of his financial declaration is possibly a bit foolish. Like Mike I could not second guess the judge ... but I doubt this CO would get past them if it is unfair.

This is not just about you. You and your ex have a child together who needs to be housed and supported ... and you will soon have a new baby which will restrict your earning capability at least for a while. I would urge you to ensure you have a fair settlement. Once it is signed and stamped, there is no going back.

Hadenoughnow

  • Jenna29
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23 May 12 #332515 by Jenna29
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I understand that, but I don''t have time to wait around. It''s taken almost three years to get to this stage and I really need the money now. I''m just finishing the second year of my degree and I need the money to fund next years fees, along with childcare costs.

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24 May 12 #332549 by LittleMrMike
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Jenna,

As hadenoughnow says, you are an adult. But it is only fair to point out that, in my view, and the view of others, the proposed settlement is not fair to you. If you wish to accept it, we have discharged our duty to you.

But I would be interested to know whether the judge does sign it off.



LMM

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24 May 12 #332607 by Jenna29
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I know, and I appreciate your advice/concern. The last thing I and my children need is for me not to be able to complete my degree though, which this money will enable me to do. I will let you know what the outcome is. In the meantime, is it best to hold off on the Decree Absolute?

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24 May 12 #332618 by dukey
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It is best to hold off on the decree Absolute until the order is sealed (or not in your case) in fact some judges will refuse the absolute until you have a sealed order.

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24 May 12 #332640 by sexysadie
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Jenna, why are you paying your university fees upfront? Don''t you qualify for a loan - or indeed a bursary given your circumstances? It''s certainly not worth paying them at this stage if you don''t have to if it means that you accept a bad divorce settlement.

Best wishes,
Sadie

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