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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.


Draft Consent Order

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08 Aug 12 #348145 by Notadressrehearsal
Topic started by Notadressrehearsal
My solicitor has finally received the draft Consent Order from my wife''s solicitor. The financial settlement was agreed by correspondence 8 weeks ago and included a Clean Break. I gave my wife everything she asked for but I insisted on the clean break which she didn''t want.

Can the terms of a draft order take effect before the Decree Absolute e.g. with immediate effect on signature of the order and can the Clean Break take effect with immediate effect from the signature of the order?

The reason I ask is that the draft order I have received orders that everything takes effect from the Decree Absolute. The former matrimonial home be sold after the decree absolute although a sale may be completed shortly. It also orders that my interest in a second property be transferred to my wife within 28 days of the decree absolute. It also orders that a Clean Break will only happen after all of the above has happened.

Thank you.

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08 Aug 12 #348147 by dukey
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Orders can be implemented before the Decree Absolute though it needs to be by consent, the reason the absolute is so important is none of the orders can be enforced until you have the Absolute.

There was some talk a while back over the wording of orders, if they are dependent on a decree of divorce then that could be the Nisi, if Decree Absolute then nothing can be enforced until granted.

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08 Aug 12 #348150 by Notadressrehearsal
Reply from Notadressrehearsal
Thank you for your response. Much appreciated.

If the order is implemented, by consent, before the Decree Absolute can it be enforced?

Is there a legal obligation for the timing of the Decree Absolute once the court order has been signed. The reason I am asking is that my wife''s solicitor appears to be dragging this process out.

Thanks again.

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08 Aug 12 #348155 by dukey
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Parts of the order can be implemented prior to the final decree and often are, but none can be enforced by court until you have the decree.

Often orders read with time limits from the date of the order and make no mention of the final decree.

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08 Aug 12 #348157 by Notadressrehearsal
Reply from Notadressrehearsal
Thanks again for your help,

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