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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.


DIY Financial Consent Order

  • Flatliner
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19 May 22 - 19 May 22 #519328 by Flatliner
Topic started by Flatliner
Hi There,
I got my decree nsi back in SEPT 2021 after some nonsense with the solicitor me and my ex continued to be amicable and decided he will keep his stuff and me mine which is roughly the same amount.
We do not want the courts nosing around in our finances.
We have agreed on maintenance which he has paid for the last 5 years and to be honest if he stopped I can and will manage as my peaceful life is more important that fighting over money for the children 10 & 12.


If anyone can help, My questions are the following:
1 - Can we write out our own Consent Order and how do you make this legally binding?

2 - Or is there a way to draft what we have agreed which is basically he keep all of his stuff inc pension and I keep all of mine. child maintenance we agree by private arrangement.

3 - Is there a service we can use that meets this odd requirement?

4 - Do we have to disclose all our financial affairs despite the fact that we privately have an agreement and do not need any 3rd party unknown Judge coming in and directing us? As we have agreed on what we want to do and no amount of persuading or fear based chat will make us change our minds.

5 - What would we put in the Consent Order? And is there a format to use with something to avoid future claims?

6 - On the D36 Decree Absolute form it says: “The petitioner/respondent applies for the Decree Nisi/conditional order made in their favour on DD/MM/YY to be made absolute/final.” My question is what date do I put in the date field? Do I put a the same date I am filling it in or a future date? As at the end of the form there is already a box for the date I am filling in the form.

7-Where do we send the D36 Decree Absolute form to once completed?

8-Is there a fee to send this D36 PDF?

9-if there is a fee how much do I have to pay to have the D36 processed?

10 -What is the method of paying and is there a link? I can’t find any info relating to payment on the government site..

Thanks, x
Last edit: 19 May 22 by Flatliner. Reason: formatting

  • hadenoughnow
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20 May 22 #519334 by hadenoughnow
Reply from hadenoughnow
The D36 is covered under the fee paid for the divorce.

The date needed is the date of the Decree Nisi assuming that the divorce is under the old system. It goes to the court that the original petition went to.

If you want your agreement to be legally binding and dismiss all future claims you will need a Consent Order approved by the court. It really needs to be drawn up by a lawyer. This site has a consent order drafting and submission service. Look at the services tab.

You will need to give some financial information on a D81 Statement of Financial Information so the judge who needs to approve the order can see it is fair to both of you.

Hadenoughnow

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23 May 22 #519358 by Flatliner
Reply from Flatliner
Thanks for your help

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