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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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Segal orders

  • maggie
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29 Aug 12 #352642 by maggie
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www.familylawweek.co.uk/site.aspx?i=ed100042

"The correct use of a Segal order is therefore only as a short term, interim measure that must terminate on the date of a CSA assessment. Any order which attempts to control the quantum of child maintenance or even purports to exist beyond the point of assessment, without the consent of the parties, should be considered invalid and incapable of enforcement."

  • Forseti
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29 Aug 12 #352703 by Forseti
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Interesting that the courts have been making orders beyond their jurisdiction!

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29 Aug 12 #352721 by dukey
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I don''t know this barrister not read anything from him before, but errr segal orders are enforced and unless I''m missing the point here court are not beyond jurisdiction in fact they acknowledge the CSA jurisdiction and raise SM accordingly to reflect any reduction, can court vary SM, yup, I must be tired and totally missing the point here.

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29 Aug 12 #352725 by Forseti
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The point was that the courts cannot order that these orders reduce pro tanto following the CSA assessment. As soon as the assessment is made the courts'' jurisdiction ends and the order becomes unenforceable. I don''t know how this works in practice.

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29 Aug 12 #352726 by dukey
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I get what the guy is saying but the court have jurisdiction over SM so following assessment the court have the right to raise the SM, I must be missing something obvious, I''ll read it again tomorrow.

  • Poppy P
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29 Aug 12 #352727 by Poppy P
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Now I have one of these orders, or is it called a Conell?
Basically CM is x amount and SM is x amount. If either party go to CSA then under my Consent Order my SM will change to still equal X amount.

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29 Aug 12 #352730 by dukey
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They are more or less the same thing poppy, segal are short term global orders Connell are long term, both the same just Cornell last longer, most solicitors use the word segal regardless.

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