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Financial Proceedings

  • peaches1
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03 Mar 11 #255091 by peaches1
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Yeah I'm waiting for my hubby's CETV (he has 2 pensions - he got one through THEN ordered the other .. aarh no wonder its taking so long)I am undecided as to proceding with Absolute now while sorting out the money - I don't want him to be able to claim my money easily if I get run over tomorrow ... its for my kids lol

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03 Mar 11 #255116 by ianmhill
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My solicitor told me NOT to apply for the Absolute until the financial papers have been submitted, otherwise, effectively, all bets are off and the pension(s) cannot be transferred

Once they're with the Court, you can then apply for the Absolute and the finances will be processed as a separate proceeding, maybe taking a long time to resolve

So I was told

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04 Mar 11 #255369 by peaches1
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I don't want his pension - but yes I think i should wait :S

good luck - thanks for the reply

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13 Jul 11 #277854 by mimmymum
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I thought I could get financial agreement by just submitting a Consent Order, but this article seems to indicate that we need to fill in other forms and submit further financial information?

What needs to be submitted along with the (Clean Break) consent order, and what costs will be incurred over and above the Sol cost for drafting consent order, and the £45 (I think?)court fee to submit it?

Thanks

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14 Jul 11 #277931 by peaches1
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All I know is that when I put in the consent order the judge decided that he wanted to see our pension details and wants to know what percentage of the marriage assets we each have agreed on. this is despite the fact that we had agreed on a split that we were both happy with. This has caused a lot of problems and have yet to send of the pension details (only got hubby's yesterday)in the mean time he has decided that he wants more!!!!!

hubby also put in for the Absolute without telling me (i am the pertitioner) so that he can get married but i paid £45 Grrrr to request that it be delayed untill after the consent order is sorted. ...This also didn't please hubby!!!!

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14 Jul 11 #277950 by dukey
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When you agree a settlement with your ex beloved you also need to provide a snap shot on assets and income when you send in the consent order to court.

If you both have solicitors the judge more often than not will seal the order without question, if one of you do not have a solicitor then the judge may want to know that the person with no solicitor fully understands what you are agreeing too.

A judge considering the order also has a duty to make sure one party is not under pressure to sign the order.

A judge can also question any order if he/she feels on the face of it its just not fair to one person.

So with any of the above a judge may ask for more information or ask you both to a short hearing at court just to clarify matters, it does not mean the judge is refusing the order or is obstructing an agreement by consent, its just the judge doing his/her job.

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14 Jul 11 #277954 by mimmymum
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Is there any forms that we can fill in to support our consent order? Stbx lives over 200 miles away and neither of us are looking to use a solicitor (although he's saying that he might)!

I was looking to use the Wikivorce consent order service here as all we want to do is make sure that our financial seperation is legally binding and draw a line under it.

Neither of us really want to have to fill in lengthy financial declaration forms, as we have nothing to 'declare' and we're happy with our decision.

If we did (to avoid court hearings) what form would we have to use?

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