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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.

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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Small Claims Court for matters settled in C/Order

  • naffedhubby
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24 Jul 12 #345085 by naffedhubby
Topic started by naffedhubby
We have a Consent Order, been in place for over 15 months, yet my ex-wife has decided to take out a Claims Online ( small claims court ) claim for half of the mortgage payments and half of the buildings insurance on the former marital home ( which is up for sale now ). The Consent Order makes no provision for any payments to made for this as it was taken that she would pay the mortgage and buildings insurance in lieu of paying me rental for my half of the building as she remains in residence. So despite it all being covered by the Consent Order we still have a legal system where it is possible to be harassed financially through a different Court system for matters considered sorted and closed through another Court system.

My solicitor agrees that this is a futile path on her part as ultimately it wont get anywhere BUT in the mean time still causes me aggravation and costs in answering and filing papers / defence with the Small Claims Court.

So this post is merely by way of warning people that as far as the Court System goes, even if you have a Consent Order in place there is nothing stopping the other parting being a proverbial pain in the **** by abusing the system. Makes a mockery of it all really at the moment.

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24 Jul 12 #345108 by cookie2
Reply from cookie2
naffedhubby wrote:

even if you have a Consent Order in place there is nothing stopping the other parting being a proverbial pain in the **** by abusing the system.

Yes there is. It''s called a costs claim. A costs claim almost always follows a victory in any civil court. Your solicitor should remind your ex wife of this, if he hasn''t already.

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