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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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mediation without seperation agreement

  • imgettingthere
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  • Senior Member
30 Aug 11 #285321 by imgettingthere
Topic started by imgettingthere
We are divorcing next April (2011)after a two year seperation. I'm arranging a mediation meeting thro my solictor to sort out a financial settlement now rather than waiting til next year. If we do reach a settlement, can it be made legal and binding without a Seperation Agreement? I'm just trying to keep the costs down and save time. If my stbx refuses to go where do I stand? I cannot plan my future until I know where I stand in this settlement.

  • NellNoRegrets
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30 Aug 11 #285348 by NellNoRegrets
Reply from NellNoRegrets
Without an agreement I don't see how anything can be legally binding.

A Separation Agreement isn't the same as a Consent Order. A consent order is when the financial settlement is agreed and approved by a judge.

A settlement agreement can be used as the basis for the Consent Order. But the judge will want to be certain that it is fair to both of you and that you've had legal advice.

Finances are usually sorted between the Decree Nisi and the Decree Absolute.

If your stbx refuses to go you can't negotiate and it will have to go to court to decide, which will be more expensive.

  • imgettingthere
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30 Aug 11 #285412 by imgettingthere
Reply from imgettingthere
Thanks NellNoRegrets. The reason I have been advised to go for mediation now is because my stbx has been surrendering life insurances policies and our joint endownment matures in Feb (I would like to include this in the settlement). He has been trying to gain full control over the endownment policy. My stbx controlled our family finances and played his cards close to his chest. I only know about the things he had to tell me about but I'm 100% certain that we have other assets. I just don't have the paperwork as he took everything with him including the family computer. I understand it can take months to gather the relevant info for a settlement, e.g CETVs so maybe it is worth throwing money at mediation? I dont want to throw good money after bad but I need to be doing something about it.

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