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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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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.


Property adjustment order

  • codroe
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21 Nov 07 #7280 by codroe
Topic started by codroe
My partner has recently divorced his wife after nearly 20 years of marriage on the grounds that they were apart for over 5 years and did not live together due to her violent behavior. He applied to the court directly and was granted a divorce last year on the grounds that of her unreasonable behavior. The property in which he lives is owned by a housing association and both himself and his ex wife were on the tenancy agreement, which was signed by them both over 10 years ago. Although she has never lived at the property for over 5 years or more, the housing trust are refusing to take her name off of the property. Due to an extremely violent attach on him last year, the court agreed to an injunction against her, where she was not allowed for 12 months to contact him or come to the property etc. He produced this document to the housing association but they still refuse to accept taking her name off the tenancy. They have now told him that he needs to produce a property adjustment order from a solicitor and then they will take her name off the tenancy.
How and where do we get this order from?. As he didnt have a solicitor during his divorce and applied directly to the court, I wondered if he could apply again to the court to get such an order?. Also he does not know her where abouts and has had no contact with her for over a year, would this need to be signed by her aswell?, even if he has no contact with her?.
He is willing to go to a solicitor as he just wants her name removed from the property as she has not lived there for over 5 years.

Thanks.

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22 Nov 07 #7351 by Specialdad
Reply from Specialdad
You can download the form from HM gov courts website. Its easy to fill in and pay the fee at court. B)

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22 Nov 07 #7370 by codroe
Reply from codroe
Thank alot. I will try and see how I get on. Would she need to sign the form as we dont know her whereabouts?.
Thanks

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22 Nov 07 #7376 by Specialdad
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You will probably have to serve the papers on her last known address. B)

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