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What are we each entitled to in our divorce settlement?

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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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Financial Issues before Decree Absolute

  • Johny8
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26 Jun 12 #339263 by Johny8
Topic started by Johny8
I have received my Decree Nisi couple of weeks ago and after a messy meeting with my stbx last week, I received a letter from my stbx''s solicitors that I should give an agreement that I won''t apply for Absolute without getting a Final order sorted. In failure to comply my stbx will apply formally in court and will claim for costs against me. The letter says that this is normal and very reasonable request to comply with.

Please advice on what''s should be plan of action here.

I have also asked several times for mediation services to resolve any issues but no response has been recieved from my stbx at all. So shall I also write to them saying please attend the mediation or you
will face the claim in court??

I donno what to do here?

Please advice.

Regards
John

  • wammcl
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26 Jun 12 #339279 by wammcl
Reply from wammcl
My solicitor hasaked my stbx the same - it just makes sure that you have all the finances sorted in order that there is no comeback on either of you after the Absolute, I think. Quite standard, and thorough practice I would say.

mediation-wise, I don''t think it goes in anyone''s favour if one person has refused to go,I believe. It is really encouraged and the court might ask why it wasn''t pursued. Somebody better informed can probably tell you more soon.

  • NoWhereToTurnl
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26 Jun 12 #339285 by NoWhereToTurnl
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During my divorce both sides agreed to defer the Absolute until the financial settlement was agreed and the order sealed. Mine was a difficult divorce with my ex with holding information on his form E and being as obstructive as possible.
Deferring the absolute protected me so was a positive action in my circumstances.
NWTT.

  • maisymoos
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26 Jun 12 #339287 by maisymoos
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A judge is unlikely to stamp the Decree Absolute if there are unresolved financial issues especially if there are children.

Before applying to court for Ancillary Relief you need to attend an mediation Information and Assessment meeting.

  • Johny8
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27 Jun 12 #339535 by Johny8
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SO you are saying that if my stbx''s solcitors letters states - "We request you to give us an agreement that you will not apply for the Decree Absolute until the financial matters are resolved by final order and also that you will provide us 7 days notice before making any such application" . . ..Is it normal and standard practice ???

Also it doesn''t make sense to bind me in a 7 days notice before making any such application. ..?!

Please advice.

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27 Jun 12 #339537 by Johny8
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Well, I have been trying to get my stbx to give a consent to meet for mediation but they are not giving any response. Rather, her solictors are lingering me by saying we will get back to you once we have instruction from our client.

I understand that we both need to attend a mediation Iformation and Assessment metting but how do i make it happen if there is no response.?! please advice.
Thanks in advance.

Johny

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