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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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Existing divorce petition

  • candoit
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  • New Member
18 Feb 20 #511472 by candoit
Topic started by candoit
Hi. I am looking for some advice please. My husband and I separated in 2012 and it was a very acrimonious split. I petitioned for divorce on grounds of unreasonable behaviour and he counter petitioned. After much discussion between both parties my solicitor advised that we simply wait and opt for a divorce that would not be contested. The original petition was never withdrawn and 8 years later we need to get it sorted out. The solicitors on both sides have been making a fortune out of both of us and even though my husband and I are in agreement about our proposed settlement solicitors on both sides have been claiming the other side will not agree. We now just want to get it finalised and move on. We just want to get a straightforward divorce with all finances agreed between us with agreed straightforward provisions to protect our children down the line. Can we start a new petition even though the old one wasn't withdrawn? Does anyone know the procedure for this? Thanks for any help and advice you can offer.

  • hadenoughnow
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  • Moderator
  • Moderator
21 Feb 20 #511522 by hadenoughnow
Reply from hadenoughnow
The rules are a bit different in Northern Ireland but I assume that you you need to have the original petition(s) dismissed and then issue a new one.

You can make a financial agreement between you and have it approved by the court to make it legally binding once you are at the Decree Nisi stage.

Remember you instruct the solicitors!!

If you cannot get them to do what you want, you could consider using a fixed price service from another legal firm.


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