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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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An explaination!

  • maggie
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09 Dec 07 #8704 by maggie
Reply from maggie
Are only solicitors allowed to draw up Consent Orders?
Are Consent Orders a contract?

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09 Dec 07 #8707 by sexysadie
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I think Consent Orders are made by the court, and are therefore an order of the court. I don't think they are binding until this as the judge can impose something else if s/he doesn't think they are appropriate.

Sadie

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10 Dec 07 #8721 by Louise11
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Hi there

A Consent Order is a legal binding agreement between the two parties and turned into an "order" by the Judge stamping it up after confirming you are both in agreement to it.
It then becomes a contract between the parties.

It would be extremely difficult to go back on this Consent Order as you both agreed to it at the time. It is possible though if you can show at the time of consenting certain facts were not taken into account.

I.E. If at the time of consenting to it, you were unaware of say..........erm...........the other party had hidden assets you were unaware of.

Hope that clarifies it for you.

Kind regards
Louise

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10 Dec 07 #8727 by attilladahun
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Contract does not play any part in divorce -so an agreement is not binding unless it is considered fair by the Court.

However, if the parties have made full disclosure of their finances the Court may consider an agreement reached between them enforceable.

To do this generally the parties have to have had legal advice

Then the party attempting to enforce the "agreement" has to show:

1.The Agreement
2.The party attempting to enforce has not resiled from it ie changed their mind
3. The agreement is fair

The case is Xydhias v Xydhias.

Now if an order has been made previously there are very limited grounds to seek a variation of a "final" order (as opposed to varying maintenance) and this is material non disclosure. It has to be serious and the Court will only alter matters if it would make a different order.

There is one other reason to change ( v rare) under the Barder principle. If there is a change which completely undermines the reason why the order was made in the first place the Court can consider a change but one must act v quickly and before the other party acts to their detriment.

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10 Dec 07 #8728 by Monster
Reply from Monster
It Clarified it for me thanks !!! Monster... Oh BTW can i get one that makes her change from a witch to a nice person!!! ;)

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10 Dec 07 #8729 by maggie
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Can a "mediator" draw up a Consent Order after a divorcing couple have agreed terms via mediation and then submit it to court?

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10 Dec 07 #8731 by Monster
Reply from Monster
Our mediator told us that she can draw up a memorandum of understanding with all of our agreements on it etc... We would then have to take it to our respective Solicitors (or i've heard of a single solicitor doing it for both parties but in my case it would be two separate ones) the Solicitors then give advice on the terms of the agreements and write up the order this is then taken to Court to be ratified. :)

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