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Consent Order & D81 advice

  • 28102012
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7 years 3 weeks ago #408989 by 28102012
Consent Order & D81 advice was created by 28102012
Hi,

My STBX and I have amicably agreed how we wish to separate our finances and don''t want to have this cost us a fortune in solicitors fees. Already spent over £1500 on a uncontested divorce and solicitor is estimating cost of £1000 for resolving financial side. We really don''t have that kind of money!

We have agreed I will pay him a lump sum, he will no longer have any financial interest in our house (we have no savings, or other assets). I will take on all liabilities. The lump sum is to cover his share of equity (current house value less outstanding mortgage and other liabilities).

They will be no spousal maintenance paid to either party and pensions will remain with the original party. Going forward neither party will have any claim on any windfalls, inheritance, salary increases, bonus, etc.

So first question is how do we go about this? I have heard mixed reports about the Clean Break Order Service. I can apply for Decree Absolute on 17th October and ideally would like this tied up around same time.

As I understand it we need to provide the D81 and have a consent order drawn up? My preference is to do the D81 myself. I think I could complete it with help from Wikivorce but not as confident with Consent order?

Also just starting to prepare the D81 and have a few questions I haven''t been able to find the answers on here for.

1. Should I fill the form in with capital/income, etc as of today or when we separated which was October last year?

2. I assume for the FMH house which is joint''s name I should but 50/50 split, no relation to our agreed financial arrangement post divorce?

3. Although the liabilities are mainly in my name they were family debts (paid for holiday house improvements,etc). Should I put the full amount under my name or split 50/50 between me and my STBX? Also at point of seperation we had a joint bank account that was overdrawn. I took this debt on when we closed the accounts. Should I split the liability 50/50 or put it fully under my name?

4. Income - should I include child benefit and the child maintenance my STBX pays me?

5. What kind of things should I put into the other matters section? Do I mention that the figure we have come to also reflects the children will live with me full time and I only receive limited maintenance payment?

6. Regarding basis of occupation in property section - do I make reference here to the fact that we have agreed that I will continue to occupy the FMH and take on mortgage?

Thanks in advance

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  • LittleMrMike
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7 years 3 weeks ago #409013 by LittleMrMike
Replied by LittleMrMike on topic Re:Consent Order & D81 advice
First thing is that you shouldn''t attempt drawing up a consent order yourself. If the terms are agreed, using the wiki service should not break the bank. If you don''t get it right it could cost you rather more later to sort out the mess.

The D8 is concerned with your situation as it is now. Any changes need to be set out in the order.

If you are intending to live in the FMH , the order should make this clear. Most importantly, it should also state when your ex can realise his share ; this might be on your death, re-marriage , sale, or voluntary vacation for say 6 months

You also need to spell out who is responsible for paying the mortgage, repairs and insurance. You need to agree to indemnify him if you default.

You will need provision enabling you to move house without triggering a claim to share the proceeds. It''s not as simple as it seems, and legal advice is necessary.

LMM

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