A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Consent order and getting remarried

  • elder0205
  • elder0205's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 12 #348076 by elder0205
Topic started by elder0205
Hi
My absolut is less than 2 weeks away. We have agreed to and signed a Consent Order.
my children are 17 and 13 in full time education. I am on 18,600 a year, my ex (to be) is on 17k a year. we have agreed to a 70-30 split of equity in my favour on the valuation from the day he left. I have paid everything for the children and mortgage, made improvements etc and he has agreed that it is right he shouldnt benefit from it. We are not claiming on each others pensions even though mine is the greater. I am paying for the sale of the house and the divorce.
My new partner and i have deceided to get married and have fixed a date. I have declared this on the Consent Order.
my newpartner does not yet live with me due to housing commitments/work etc and wont until we are actually married.
I am worried that the court will not agree with the above....would this stop my absolute?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
08 Aug 12 #348085 by hadenoughnow
Reply from hadenoughnow
If your stbx has not taken legal advice, then it is possible the judge may ask you to attend a short hearing to confirm you both understand the implications of what you have signed.
If you are both in full agreement and your stbx is aware of all the facts then there should not be a problem. The time frame is trickier to predict. It does depend how busy the court is.

The Absolute can go ahead without finances being settled.

Hadenoughnow

  • elder0205
  • elder0205's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 12 #348088 by elder0205
Reply from elder0205
Thank you.

I wasnt sure if me getting remarried came into effect or not.

I am pleased that the Absolute wont be affected...

My stbx did have the paper work looked over by a solicitor so he does realise what he has signed.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
08 Aug 12 #348092 by maisymoos
Reply from maisymoos
I may be wrong but I thought (especially if there are children) a judge may not pronounce the Decree Absolute until he/she is satisfied that finances have been appropriately finalised with a stamped/sealed consent or court order.

  • elder0205
  • elder0205's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 12 #348114 by elder0205
Reply from elder0205
The judge declared on the Nisi that he thought the provisions for the children were adequate so I didnt need to fill in another form.

I wasnt sure about the finances, but surely if we both agree then it shouldnt be a problem. In fairness I have paid for everything including the home, repairs etc...all the divorce fees and the marketing and sales fees. he gives me the bare minimum in maintenance.........

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
08 Aug 12 #348115 by dukey
Reply from dukey
Some people will use the SoA to hold the process up so judges use their discretion in some cases, so you can actually have the Nisi where the SoA is not agreed, though its far from common.

  • elder0205
  • elder0205's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Aug 12 #348121 by elder0205
Reply from elder0205
My Absolute is under two weeks away.....I am getting remarried on 5th October so dont want to have a hold up for obvious reasons. The court lost my marriage certificate and it caused a lot of problems. The divorce should have been finalised in April.
Is it worth holding onto the Consent Order until my absolute is through? I dont think anything is unfair on the consent order, but it worries me incase it does.....

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11