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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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consent order problem

  • Jenna29
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22 Mar 12 #319543 by Jenna29
Topic started by Jenna29
My ex husband wants to put in our Consent Order that I am financially dependent on my partner and about to move in with him. This isn''t true so I am reluctant to do so, but he says that his solicitor has told him that the judge won''t agree it if it says I''m a single parent and will order him to pay spousal maintenance which I haven''t asked for. Is this true?

  • maisymoos
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22 Mar 12 #319544 by maisymoos
Reply from maisymoos
The judge will not agree a consent order unless he agrees that it is fair. If that statement it is not true then it shouldn''t go in.

  • dukey
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22 Mar 12 #319546 by dukey
Reply from dukey
That has no place in a consent order anyway not even the recital, are you sure the solicitor did not suggest a covering letter?.

If the judge thinks the agreement is not that fair the judge will write for further information or even list a short hearing to question you both.

As Maisey said don`t agree to what is untrue.

  • Jenna29
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22 Mar 12 #319601 by Jenna29
Reply from Jenna29
My ex said that his solicitor advised him that in the consent order we would both need to say that we are happy with our living arrangements and that I would have to put about being financially dependent on/about to move in with my partner otherwise the judge would still consider him to be responsible for my daughter and I and that it would ''slow things down''/that he may be ordered to pay spousal maintenance. I won''t be agreeing to it because it isn''t true. If we were to include that we are both happy with our living arrangements but the judge saw that I am effectively a single parent with not much, whilst my ex husband is quite well off, would the judge be likely to call a short hearing to question us both even though I have agreed to the proposed financial settlement? And if he did so and was not satisfied that it was fair, what would happen? Would he simply reject the consent order or would he make a financial order which he deems to be fair?

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