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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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Refusing to sign consent order

  • lauger
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30 Jul 18 #503079 by lauger
Topic started by lauger
My partner has attended numerous mediation sessions with his ex wife and they have finally come to an agreement regarding their finances. They have had a Consent Order drafted & she is refusing to sign as she isn’t happy with the trigger factor of her cohabiting for 6 months as her solicitor says this is ‘stone age’ & not needed?! :(
Firstly what happens now, will court be the only option of getting this Consent Order sealed? And secondly Is it Stone Age? I though this trigger factor was the norm!!
Thank you for any help!!!

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31 Jul 18 #503087 by WYSPECIAL
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Is it the only sticking point?

Is it relating to SM or when money retained in the FMH via a Mesher type order becomes payable?

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31 Jul 18 #503088 by lauger
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She said her solicitor isnt happy with the wording but as I understand thats quite normal as each solicitor has their way of wording them.

The trigger factor is for both, SM to stop and For the money in the FMH

Thanks for replying

  • .Charles
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01 Aug 18 #503110 by .Charles
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The triggers are usually death, remarriage, or the youngest surviving child completing full-time secondary/tertiary education.

Cohabitation for 6 months or more used to be common but less so now. The reason for this is that people are more amenable to moving in together as there is no societal stigma attached to such a move. If the relationship fails after 7 months cohabitation the intent of the order (to provide some protection for the person in the former FMH) will be frustrated.

Of course, if the cohabitation clause is removed cohabitation can occur and continue for many years which is, to all intents and purposes, the same as marriage for the purposes of the order.

There is no right or wrong answer although it will depend upon the other triggers. If there are children involved as least there will be a long-stop date of the youngest child completing education.

There is a benefit of cohabitation. If the cohabitation clause is not included, cohabitation can occur and you would have to rely upon another trigger clause. Once triggered there will be two people who will have to move or buy you out. The chances of one person buying you out are lower than two people combining to buy you out.

Charles

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01 Aug 18 #503111 by lauger
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Thank you for your reply .Charles

I will see what the solicitor says as the ex is yet to say whether she wants it removed or extended. We could negotiate on 12 months instead of 6 maybe.
Just so frustrating when she agreed on this nearly a year ago and now back tracking.
Thank you again

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