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.
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.