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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.


No Financial Order without divorce?

  • SilverFir
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16 Jun 12 #337138 by SilverFir
Topic started by SilverFir
I''m being thwarted by STBX in my attempts to get a divorce, it looks like I''ll have to wait another 18 months and go for "5 years without consent".

(Please don''t suggest I Petition on grounds of UB, that''s a discussion I''ve had elsewhere and I have insufficient evidence.)

Is there any way AT ALL that I can try to get a Financial Order setting out and getting signed agreement to the sale of the house, division of monies, no claim on pension?

  • Fiona
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17 Jun 12 #337142 by Fiona
Reply from Fiona
YOu can''t get a financial order but if your husband will agree you could get a Separation Agreement. In England & Wales a separation agreement is treated differently from a commercial contract but if there is full disclosure, both parties take legal advice and the agreement is fair (complies with law) it will carry considerable weight and the courts may turn the agreement into an enforceable order later on.

If your husband is being difficult agreeing could be problematic and the disadvantage is you would need to pay for the drafting of a Separation Agreement and then a court order later.

  • LittleMrMike
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17 Jun 12 #337149 by LittleMrMike
Reply from LittleMrMike
Fiona is right, I''m afraid. Financial orders, other than maintenance pending suit, do not take effect until the Decree Absolute.

LMM

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17 Jun 12 #337152 by Fiona
Reply from Fiona
LMM, my understanding is an order can''t be effective until after the Nisi. s23 MCA 1973 states;

(1 )On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or of nullity of marriage, before or after the decree is made absolute), the court may make any one or more of the following orders ...


When there is pension sharing the order doesn''t come into effect until the absolute.

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17 Jun 12 #337154 by dukey
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Confusing isn''t it, still Mike is right other than MPS you need the Absolute to enforce any order made after nisi

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17 Jun 12 #337155 by Fiona
Reply from Fiona
But in practice sometimes the order becomes effective when the Nisi is granted e.g. McCartney/Mills?

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17 Jun 12 #337157 by Fiona
Reply from Fiona
322. Accordingly, I shall order that the husband will pay to the wife on or after Decree Nisi a lump sum of £16.5m. - Mr Justice Bennet

news.bbc.co.uk/1/shared/bsp/hi/pdfs/18_0..._mccartney_mills.pdf

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