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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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  • maggie
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12 Sep 12 #355432 by maggie
Topic started by maggie
Closing Date December 11th 2012
lawcommission.justice.gov.uk/docs/cp208_...overview_lawyers.pdf

"Uncertainty within the current law
29 There is real uncertainty about the level of support payable and the duration for which support is to be given, whether in the form of ongoing periodical payments
or in the form of a capitalised sum. There may also be uncertainty arising from
the fact that judicial discretion is exercised inconsistently across the country.
Practitioners have told us that there are marked differences between courts and
geographical regions."

"7 The SCP therefore examines the evolution of the law relating to needs in order to
explain why it lacks any principled basis, and goes on to consider the options for
a principled approach to spousal support (we use that term to mean provision for
needs, whether capital or income). The SCP acknowledges the difficulty of
reforming this area and that principled reform will take time and further research
beyond the scope of this project; it therefore also explores short-term measures
that might make the law easier to operate, pending principled reform."

lawcommission.justice.gov.uk/consultatio...imonial_property.htm

"44 We aim to make recommendations for law reform which would introduce a clear
principled basis for meeting needs after divorce and dissolution – a principle that
would state what has to be paid and why."

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