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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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remarriage

  • perin123
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28 Jun 12 #339676 by perin123
Topic started by perin123
I understand that an application to court for Ancillary Relief has to be the same court as where the divorce was applied for, but is that still the case if the applicant has remarried? Or can I (respondent) now apply to a different court?

Also read that once remarried there are some implications? For example the party can no longer claim spouse maintenance from the other party?

Thank you

  • maisymoos
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28 Jun 12 #339679 by maisymoos
Reply from maisymoos
Hi Perin

I don''t believe the fact that the applicant has remarried will make any difference. I assume the Decree Absolute has already been granted?

Is the court a long way from where you live? you can apply to transfer the case if your ex refuses to agree to a transfer, unfortunately like with every in divorce this has a cost though:(

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28 Jun 12 #339682 by perin123
Reply from perin123
Yes decree Absolute has passed. If I get legal aid for my solicitor he will not travel to other court as it is too far away.

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28 Jun 12 #339689 by maisymoos
Reply from maisymoos
It is important to know why a court has been used so far away, does your ex live near the court?

If you have children who live with you this would be a strong argument in your favour for getting a transfer. How many miles away is the court?

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28 Jun 12 #339695 by Fiona
Reply from Fiona
If you get legal aid the solicitor can ask for the case to be transferred.

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28 Jun 12 #339697 by perin123
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Ex lives near court, it''s approx 45 miles away from me. Yes our son lives with me.

I have been reading about remarriage and I think as ex was applicant and ticked all boxes in prayer section on divorce papers that means he can still claim against me even though he has remarried.

Ex is also on legal aid, has been for last 14 months!! I am eligible now he has stopped paying anything.

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28 Jun 12 #339698 by SilverFir
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Quick question about transfers (apologies for hijacking thread but at least it''s on topic!)

You suggest a court would look more favourably on a request to transfer the financial hearings if children are involved. Would this be the case even if the child is not from the marriage? I could be facing a 6 hour round-trip if STBX raises the proceedings in his own court; but I now have a child.

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