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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Consent Order Query

  • k2k2
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31 May 12 #334289 by k2k2
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Hi

I have agreed to my STBXs settlement proposal. I gather her solicitor will now write up a Consent Order. What is the procedure from here, do I need to do anything? How long will things take? My STBXs solicitor says everything must be done within 28 or 56 day time period of the consent order being done, what if this cannot be achieved?

On a different note, as part of the settlement I am giving my ex the FMH and clearing the mortgage. My STBXs solicitor is asking where I am getting the funds from. We have already exchanged form E etc so do I have to explain the funds? They are actually income as I worked more to meet this eventuality but don''t want them to think this is my usual income and change their minds over the settlement proposal.

many thanks.

K2k2

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31 May 12 #334299 by dukey
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I have agreed to my STBXs settlement proposal. I gather her solicitor will now write up a Consent Order. What is the procedure from here, do I need to do anything? How long will things take? My STBXs solicitor says everything must be done within 28 or 56 day time period of the consent order being done, what if this cannot be achieved?

You will be asked to give some financial information because the solicitor needs to send in a form D81 with the actual order to say what you both earn own ect, how long it takes depends on how quick the solicitor is and how busy your court is, very often the order will say this or that needs to be done within 28 or 56 days of the Decree Absolute, not the date the order is drafted, if you don`t think you can don`t sign it, this is legally binding and enforceable so don`t sign it if you can`t do what is asked in the time frame stated.

On a different note, as part of the settlement I am giving my ex the FMH and clearing the mortgage. My STBXs solicitor is asking where I am getting the funds from. We have already exchanged form E etc so do I have to explain the funds? They are actually income as I worked more to meet this eventuality but don''t want them to think this is my usual income and change their minds over the settlement proposal.

It wont work, as said along with signing the order you need to tell court what savings you have and what you earn, in other words not being honest makes it a can of worms that could get stinky later on if its discovered you did not provide honest disclosure.Be careful.

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31 May 12 #334326 by k2k2
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Thanks Dukey

Isn''t all the financial information contained in form E and associated documentation that I have already given my stbx''s solicitor?

Ref Form D81, is this something my stbx''s solicitor will draft, does it come from the Court or do I have to produce this? If I have to produce it, what do I do with it once filled out?

The only reason I think of timeframes is because deeds need to be changed and mortgages arranged, these things take time.

I''m fine telling them how I am funding payment of the debt but concerned they will think my potential earnings can be more which may make them change the settlement proposals.

Many thanks

K2

  • maisymoos
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31 May 12 #334329 by maisymoos
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If you have increased your earnings, is not this not a true picture of your actual earning capacity?

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31 May 12 #334332 by dukey
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When you make an agreement its drafted as a Consent Order, form E is not used only D81 a much shorter form, it has to be completed there is no option.

The D81 is a standard form so her solicitor will complete her part then you need to complete yours, so its one form two sets of details.

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31 May 12 #334342 by k2k2
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Maisymoos

I am a freelance consultant, my income is dependant on days worked. I''ve no idea how someone''s potential can be judged since we all have ''potential'' to be anything. My form E reflected earnings over a three year period which I believe is fair. I could earn more but that would mean working more, of course I could earn less as well. My job is specialist and has many variables. Perhaps this is why my stbx''s sol has opted for a settlement out of court as I could work less with valid reason so my ex would be worse off. I prefer to be above board and get this over with.

Dukey

I am self repping so am lost as to what happens next. Do I have to obtain this D81 or will the courts/ my stbx''s sol send me a copy? Once I''ve filled it in do I send it to my stbx''s sol or to the court? Are there any other forms required for a Consent Order/ or for me to submit as part of this process? Is it possible that my stbx''s sol will file the D81 for both parties or are we responsible for our own?

Thanks again.

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31 May 12 #334345 by dukey
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K2


The other sides solicitor will write the order and send you the D81 and you send both back to the solicitor, the solicitor deals with court, you will be sent a copy of the court stamped order later on.

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