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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.


Am I silly not getting a solicitor?

  • essexboy
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18 Jan 08 #11096 by essexboy
Topic started by essexboy
My wife and I are just going through the financial settlement. We are getting on OK and have agreed a split of assets and monthly income I will pay (have 3 kids). To keep costs down, she has been to a solicitor but I haven't. If she agrees the settlement we are both happy with then I don't intend to get a solicitor. I do want to make sure this is a full and final settlement however. Am I being silly not getting advice? I know it's not too late.

  • Josh2008
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18 Jan 08 #11097 by Josh2008
Reply from Josh2008
As long as you are BOTH happy with the financial settlement and it's put into a Consent Order and ratified by a court, there is no need for you to use a solicitor.

Bear in mind that your wife's solicitor will endeavor to obtain the best possible settlement in HER favour, not yours

But if you are happy with that there shouldn't be any problems.

It's actually quite pleasant to see an amicable divorce and financial settlement

  • LittleMrMike
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18 Jan 08 #11106 by LittleMrMike
Reply from LittleMrMike
What Josh says is correct - an agreement by itself is not enough, you need to get what is called in the trade a ' Consent Order ' incorporating the terms you have agreed.

You have to support the application with a short statement of your income and assets, to satisfy the judge the agreement is fair one before (s)he signs it off.

It might be a good idea to get some legal advice on your own account about the drafting of the order. It should not be particularly expensive, but as Josh says, your wife's s
solicitor is there to look after HER.

But it's nice to see that divorce can be amicable. I have always been thankful that my ex and I have remained good friends.

Mike

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18 Jan 08 #11107 by attilladahun
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Is the intention the other solicitor will prepare a Consent Order and does this provide

A Clean Break of capital?
A dismissal of pension adjustment orders
And undertakings neither party will seek orders under s 17 Married Women's Property Act 1882

And the maintenance order for W is agreed
OK you may not necessarily need a solicitor

but make sure if there is to be maintenance for W & C they are separated inseparate clauses and a global total sum order is not made

Reason is if W remarries or cohabits you would be stuck possibly paying the same sum!!!

If separate when C grow up the mntce reduces and rightly so

If you merely take the draft Minute to a solicitor you could agree a say 20 minute appointment in advance for modest money

DON'T rely on the fact a DJ will approve the order I have seen some shocking injustices over the years!!!!

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