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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.

 

Bury st Edmunds Timescales

  • yodasw101
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13 Jul 22 #519598 by yodasw101
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That's great news, hope you are relaxed now as it is getting close to the end of the legal process and the beginning of a new phase for you.

Do you mind sharing info like the month when your petition was issued, the response from the respondent was received by the court, etc. this kind of timeline? I can then compare it with my June 2021 timeline, if you don't mind.

  • MHIT
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14 Jul 22 #519601 by MHIT
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Hi
So my divorce petition was submitted in Mar 2021 and we had an issue with acknowlegment (the respondant claimed that did not receive) so that took a few extra weeks that it should have. I would say the petition was finally lodged in the courts around June 2021. Whilst that was being processed I started negotiating via solicitors the financial side (Consent Order). Try to negotiate as much as you can outside of solicitors otherwise you will have a huge bill to deal with. Solicitors charge for every e-mail. Sometimes you have no choice as you are not amicable with the ex.
In Mar 2022 I got my NISI entitlement which is basically a note from the courts saying in a months time you will get your NISI. So April the NISI was complete so I could have applied for the absolute. I was not advised to apply for the absolute until the CO was agreed and signed and filed.
As I started work on the CO back in June 21 by Feb we had agreed a draft. However, as financial declarations were made (via a D81) there were further wrangles/tweaks and in May we agreed the final version. It was signed by both of us eventually by July 22 and submitted/filed to the courts. Until it is sealed by the court (my solicitor thinks around 4 weeks) we can then apply for the absolute. Once the absolute is granted and my solicitor said that turned one arounds recently in 1hr!!! (in reality she expects a day or two) then we can execute the CO (house transfer, money exhange etc). To execute those instructions we have in the consent order agreed 56 days.

  • yodasw101
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14 Jul 22 - 13 Sep 22 #519602 by yodasw101
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Thanks for your detailed response MHIT, this helps to compare with my timeline.

The respondent in my case has not given any kind of acknowledgement to the court so far. The court is yet to respond to my deemed service application, I hope they do this soon so that I can apply for Decree Nisi as it is already very late!!
Last edit: 13 Sep 22 by yodasw101.

  • MHIT
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14 Jul 22 #519604 by MHIT
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I believe the clock starts when the petition is acknowledged. So factor in at least 9 months from then to getting your NISI. I did not need to use a process server but surely if you had to then wouldn't the court assume deemed service from then? Remember, you are not truly divorced (Clean Break) until you have that sealed CO. So whilst waiting for the NISI get on with that and you will be ready to submit once the NISI is pronounced. Normally the starting point for financial split is 50:50 assuming its a long marriage. You say you only married for 2yrs so really you should be able to walk away pretty much with what you bought into the marriage - especially as you've no kids. I don't know you finances but I would if you have a lot to lose and you want a clean break I would fight it all the way via the courts (financial remedy solution). In my case I had a 22 yr marriage , kids flown the nest so it was 50:50 down the line. My ex bought nothing into the marriage it was all my wealth prior but it does not matter it's 50:50 if you've been married a long time. Like i said in your case you will walk with what you came with. If you want an an assessment of the likely outcome this website can offer that service or you can go to a solicitor (more expensive). Fight for your assets you only get one chance.

  • neveragain22
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13 Sep 22 #519971 by neveragain22
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Did you get your CO sealed yet? Just wondering on timescales. Thanks

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13 Sep 22 #519973 by MHIT
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I can't remember when we last spoke but my CO was sealed about 4 weeks ago. I was told 3 months at least (from various sources) but I think in the end 4-6 weeks. I was gob-smacked.
Even better was that the solicitor applied and got the Absolute in a day (something about its all online between solicitor-courts) so execution of the CO commenced immediately. In the CO she had 56 days to execute (transfer the house into her name and pay me) ....she did it in a month!
So I am divorced, have my money and looking for a new home. I was worried sick about the turn-around times but have been pleasantly surprised. I bet it will be different for others but for me all over quickly. The longest part of my divorce was getting the ex to agree to the financial split in the CO. She deliberated for a while for no reason really as the deal was good for her.

  • Moonfairy
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01 Aug 23 #521510 by Moonfairy
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Dear all,

​​​​​I would really appreciate any information. We submitted a consent order and application for Decree Absolute on the 28 July (Bury St Edmunds). Decree Nisi was given in 2020. How long does it take to grant the DA and the CO? We have a clean break and I am giving my husband a lump sum. But he will lose his job imminently and may want to change terms.
thank you!!

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