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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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D81 - information for variation application.

  • maggie
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26 Jul 12 #345603 by maggie
Topic started by maggie
My ex is applying to vary my spousal maintenance; his legal exec has sent me a draft Consent Order with a D81 financial statement - the D81 names me as Petitioner/Applicant but it''s my ex who is applying to vary.
Should he be named as Applicant?

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26 Jul 12 #345604 by dukey
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A D81 should only be used if you have agreed to vary and yes he is the applicant not that it makes much difference really.

Have you agreed a new order maggie?.

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26 Jul 12 #345609 by maggie
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Hi Dukey - where would we be without you?
... bit boggled by the news on the D81 that he remarried in March .. back down the old helter-skelter when I thought I didn''t give a damn.
He says he''s not going to pay any more maintenance - last payment July 1st - although I''m pretty sure his retirement trigger event hasn''t happened - he''s on a "short term 4 month contract" with his FD of 20+ years.
He''s offering to transfer his share of the FMH to me - estimates his 27% share is worth £111,000. The idea of that security is so tempting and I''ve discovered I can live on around £10k a year as long as they don''t remove my bus pass ..........
To be honest there''s no fight left in me - I know if I go to a solicitor I''ll be advised to challenge everything that moves I just want some peace.
I said I''d look at his draft Consent Order and decide - now I''m wondering how we can get this past a judge.

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26 Jul 12 #345614 by dukey
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Are you sure retirement is a trigger?, anyway the main thing is are you happy with the proposal, I take it you have a mesher or something similar, you know he score maggie, your old school in wiki terms, he cannot just decide he won''t pay, it must be due to trigger or further order of court, if I had a quid for every time I''ve typed further order of court, well I''d buy everyone lunch.

Maggie I would happily take a look at the draft, I''m sure Mike or Sir Mike as he should be known will do the same, as for getting it past the judge as you know they are not a breach to pass they are simply there to make sure the order falls within the discretion of law.

Peace is a marvellous thing, to have an end to the whole process to me was worth more than money, but it''s not for everyone, if this works for you then peace be with you, we all deserve it.

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