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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.

 

Can I change a Consent Order before it gets sealed

  • Andynumpty
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06 Aug 19 #508921 by Andynumpty
Topic started by Andynumpty
Hi,
Just in process of a Consent Order for Child Arrangements. Exs solicitor has sent me 2 drafts which I have not agreed to due to things on it not being agreed.
Now we are due back in Court on the 27th to sort differences out.
I'm thinking now that I want to go for a shared care, lives with both parents Order.
Can I now request this before it get sealed by Court and any come back if I try?
I am the Applicant and self rep.
Thanks Andy

  • hadenoughnow
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07 Aug 19 #508932 by hadenoughnow
Reply from hadenoughnow
What has prompted the change of mind?

A consent order can only go ahead if you both agree. If you have changed your mind you would need to explain why. Bear in mind that whatever is being proposed must be in the best interests of the child or children. You could find the other side wants you to pay costs if they have had to pay to have the order drawn up several times. The same may apply if further hearings are needed.

Also the court may not agree with what you propose. Ultimately a settlement can be imposed if you don't agree. If you have not had advice, I would strongly suggest that you get some. If you cannot afford a solicitor, our helpline may be able to assist.

Hadenoughnow

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09 Aug 19 #508969 by Andynumpty
Reply from Andynumpty
Hi,
Ex's Solicitor sent me 2 draft Orders that contained errors and mistakes.

The 3rd one was done after a short hearing to sort the issues out but still came back with mistakes and missing agreements, obviously to the advantage of my ex.

An Order was made by mistake by the Court taken from Judges notes on an old draft order which the mistakes hadn't been amended and the Clarks confirmed this.

I wrote to Court with my concern and they gave a date for her Solicitor to agree a draft order, her solicitor refused to comply with that direction. I submitted my own order with all the corrections made to Court and her solicitor.

I'm in the opinion that because her solicitor didn't file an agreed draft order by the stated date by court that the consent order has failed?

I have to submit a Position Statement for a hearing on the 27th which is down for an issue of my allocated weekends which were agreed as she is trying to change them.

All very confusing.

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