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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.


ancilliary relief and consent order

  • minxy1912
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10 Aug 12 #348679 by minxy1912
Topic started by minxy1912
I am at the stage of sorting out finance with my ex, i know i need a Consent Order,but whats the difference between Ancillary Relief and a consent order? and where do i start to put all these in place as i don''t have a solicitor,i am finding it all very confusing

  • WhiteRose
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10 Aug 12 #348684 by WhiteRose
Reply from WhiteRose
Hi Minxy,

Ancillary Relief is the Court process that can lead to a Consent Order.

The other (cheaper) ways are to discuss/negotiate between you or opt for mediation.

Once you are both in agreement of the financial split you can get a solicitor to write up the Consent Order. If you go to Court you still have the option at any point to make/accept offers, but if no agreement is made, a Consent Order can be ordered by the Judge - commonly this way neither party tends to be happy with the outcome and it can be fairly expensive if you are represented.

There is an option to represent yourself, however.

Have either of you made each other offers yet?

WR

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10 Aug 12 #348688 by minxy1912
Reply from minxy1912
Thank you white rose, yes i have made offers dating back to last november,but my ex kept ignoring them. He has now just made me another offer, we have 2 properties he wants the one with less equity in it, thats fine with me BUT he is going bankrupt so i want my good name off the morgage,he cant do that. I want him to take his name off both property deeds so his bankruptcy isnt put on the properties and i will sign to say all profits go to our children,he having non of it. So will a Consent Order stop him comming for any thing elce?

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10 Aug 12 #348698 by maisymoos
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I think you need legal advice quickly especially if bankruptcy is imminent. You need to agree a Consent Order so you cannot do this unilaterally. If a judge makes the final decision this is a court order not a consent order.

You need to ensure a Consent Order specifies everything including dismissing future claims and will require a solicitor to draw it up. This site offers this service.

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11 Aug 12 #348727 by LittleMrMike
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Minxy, I do not normally like to put my big foot in when people have already had advice.
But what you say about bankruptcy sets alarm bells ringing merrily.
If your ex goes bankrupt, that will not affect your own assets. But what it can mean is that, if for example, the former marital home is in joint names, the house will be sold to realise your husband''s share for the benefit of his creditors. So that would rule out, for example, any possibility of a transfer of the home into your sole name. It''s the same with other assets. If the trustee takes them, they are not available to you.
Now the normal rule is this ; if a spouse goes bankrupt, any subsequent order of the Court for a property transfer will be void, ineffective, not worth the paper it''s written on.
But if there is a property transfer order already in place, and your husband then goes bankrupt afterwards, the trustee takes subject to the order ; in other words, you get the assets and the creditors do not.
So, where there even a hint that a spouse might go bankrupt, any solicitor will advise his client to get his skates on and move quickly. Tiiming is critical.
It is absolutely vital, in my view, that you get an order without delay, if you can. I do not know the first thing about your circumstances, so cannot give you advice, save only to say that you need legal advice and very quickly - and that advice needs to be from a family lawyer with some experience of bankruptcy and its possible effects. Though not by any means a specialist in this field, I know enough to be aware of the possible pitfalls, and it may be that a Consent Order now - even one which is less than satisfactory - may be better than waiting for your husband to go bankrupt.
Furthermore, bankruptcy, or the possibility of it, can have an effect on Ancillary Relief, for example, if you are awarded a Mesher order ( an order giving you the right to occupy the family home for a time ) a trustee may be able to over-ride the order.
LMM

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11 Aug 12 #348803 by minxy1912
Reply from minxy1912
thanks masie moos,but i cant affored it and he wont sign it. what do i do then?

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11 Aug 12 #348806 by minxy1912
Reply from minxy1912
thanks little mr mike, so i need a Consent Order NOT a mesher? can i do a consent order myself? if so what form do i need?x

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