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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.


Own Drawn Up Legal Separation to Divorce

  • thumper
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02 Mar 08 #15573 by thumper
Topic started by thumper
Hi All,

I am looking for some advice, if possible. I separated in July from my husband of 12 years - we both work together (he being the Director); for my own sanity I moved out of the marital home and took our two children to a much smaller home, along with a very small (£50,000 settlement) to help towards the deposit on the new house.

He drew up a Separation Agreement which we both signed, although without a statement of assets and liabilities.

I now want to fully file for divorce, can I re-address the financial situations or would i have to follow those drawn up in the Separation Agreement?

Any advice would be greatly appreciated.

Thanks,

  • ariesgirl63
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02 Mar 08 #15574 by ariesgirl63
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Hi thumper,
This sounds like a DIY Separation Agreement. If neither of you sought independent legal advice and there was not a full disclosure of assets and liabilities then you would not be bound by your separation agreement and I doubt that a Judge would give it much credence. I would certainly seek to have full financial disclosure and reassessment of what you may be entitled to once you have started the divorce process and filed your petition. Good Luck Aries xx

  • Fiona
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03 Mar 08 #15590 by Fiona
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A written agreement reached after full disclosure of all the relevant information by both parties and after they have taken separate legal advice could be upheld, although private agreements are subject to review. Sometimes, where the court considers that the agreement was unfair for any reason, the court may amend the agreement.

In your case it seems there wasn't a full disclosure of assets and a very low settlement might well be deemed unfair.

  • attilladahun
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03 Mar 08 #15594 by attilladahun
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"now want to fully file for divorce, can I re-address the financial situations or would i have to follow those drawn up in the Separation Agreement?"

Yes

Clearly the Court will look at all the s25 MCA factors -you will not be bound by the agreement unless it is fair
The agreement is not legally binding as there was no disclosure and you did not have legal advice.

The Court looks at the financial position NOW!!

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