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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Consent order sent back by a judge

  • dukey
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08 Oct 12 #359818 by dukey
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Does anyone know of an order sent back by a judge asking certain words be removed, hereof therein forthwith type stuff?.

  • .Charles
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08 Oct 12 #359830 by .Charles
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A colleague of mine was once requested to remove the term ''spousal maintenance'' as it was not an acceptable use of terminology. Needless to say the judge was referred to the Family Law precedents and the fact that the term has been in use since at least 1973.

Charles

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08 Oct 12 #359837 by sulkypants
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I think words like you mentioned could be misinterpreted by either/both parties.

Its best to make it very clear rather that using vague terms.

A lot of Consent Orders seem to fail at the first attempt.

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08 Oct 12 #359864 by maggie
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I haven''t heard of any dukey but I think clear unambiguous Consent Orders are a good idea - I wonder if judges are experts in the field though:
www.judiciary.gov.uk/Resources/JCO/Docum...onference-270912.pdf
Lord Chief Justice:
"The judge, contrary to some popular idea, does not know all the law. He does
not go into court with 25 cases in his list and know the law applicable to every case. He does not. He needs help. He needs to
be shown where to find the law."

Maybe the judges reading Consent Orders are on the same learning curve as we are?
Could be why they dread litigants in person rather than a couple of lawyers who can show them the ropes/manipulate them?

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08 Oct 12 #359873 by dukey
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I suppose judges do go through a learning cure because they are now sitting in judgement rather than putting arguments to a judge, bear in mind though they don`t sling them in at the deep end, they start as recorder then deputy then district judge, so they become more experienced as they go, judges who seal orders from what i gather are district judges.

As for knowledge i`m not so sure, given a judge is or was an advocate or barrister, sometimes solicitor, they have worked as a lawyer for many years before becoming a judge, i would agree you can`t know it all though, law changes updates go on year by year case law evolves.

I just thought it a bit odd the judge in this case wants a few specific words changing, sure ive read it before though.

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08 Oct 12 #359878 by Shoegirl
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Dukey mine has come back with amendments. No problem with the proposed split of assets (that has been specified yet) just wording that the judge wants adding.

More delay, more cost but the end is in sight :)

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08 Oct 12 #359881 by dukey
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Interesting, is it just additions maybe a cause or something or was the judge unhappy with existing wording or words.

Cheers for answering.

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