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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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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.


Application to change consent order/ set aside

  • Bloggers
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16 Oct 18 #504409 by Bloggers
Topic started by Bloggers
Hi all

There is a final Consent Order in place for financial remedy following divorce between myself and my ex. This was sealed by the court on the 9th April this year.

It provides for my ex to meet the mortgage payments on our jointly owned home, where I live with our two children pending sale of the property which is on the market.

It also states that the house is to be sold, and proceeds split 66% in my favour, 33% in his.

Following the hearing I was advised to apply for child maintenance as he had not contributed for over two years. I did this and he applied fir a variation because he was paying the mortgage. This reduced my payments by £130 per month.

Last week I received a court hearing date with an application made by my ex and a statement attached.


He has applied to the court to try and get 50% of the mortgage payments from April until the house sells as a lump sum taken from my sale proceeds.


I know there has to be very rare circumstances in which the court will set aside an order and I'm sure this will not constitute such.

However, is that what he is asking? If he isn't, what is he asking?

As far as I am aware, you can only set aside or appeal an order?

thanks in advance

  • Cheesestring
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16 Oct 18 #504410 by Cheesestring
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I read somewhere on here that there's a 14 days limit to appeal

  • .Charles
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18 Oct 18 #504447 by .Charles
Reply from .Charles
It is possible to apply to vary the terms of an order which is different from a set aside or appeal.

Charles

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