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Read our latest Financial Settlements guide (2021)

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.

FDA/FDR to sign CBO?

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Neves7728
Posted by
Junior Member

10 May 22 #519281 by Neves7728

Topic started by Neves7728

Hi

After the court deadline to file form E a last attempt was made to settle out of court with the EX. A sum was agreed however not seen the CBO yet so keeping the FDA date in June. My question is can we use the FDA\FDR to get the CBO signed (if it ever appears) save entering the court process again? Any advice appreciated. Thanks

hadenoughnow
Moderator

10 May 22 #519283 by hadenoughnow

Reply from hadenoughnow

You can use the first hearing as FDR (complete form g to say it can be) and get an agreement signed off on the day.

Hadenoughnow

Neves7728
Posted by
Junior Member

10 May 22 #519286 by Neves7728

Reply from Neves7728

Thats great, thanks for the quick response. One thing though the respondent has not filed so technically in contempt of court. Can a judge sign a CBO without the respondent disclosing? Do not want anything from them and they dont have anything to disclose really no pension no wages etc as they are on PIP and UC.

hadenoughnow
Moderator

10 May 22 #519289 by hadenoughnow

Reply from hadenoughnow

Hmm. Without Form E disclosure the judge cannot assess whether the Consent Order is fair. Even if you were to submit a consent order for approval without a hearing the judge would need to see a D81 Statement of Financial Information.

If Form E has not been provided the hearing may well be adjourned so it can be.

Hadenoughnow

Neves7728
Posted by
Junior Member

11 May 22 #519296 by Neves7728

Reply from Neves7728

Thank you, i thought that would be the case. The ex has agreed to settle as they do not want to disclose but i am presuming that they will have to at least complete the D81 if they want the lump sum. If the D81 is presented at the FDR would that be enough?

hadenoughnow
Moderator

11 May 22 #519298 by hadenoughnow

Reply from hadenoughnow

If you are going down the D81 route you may as well just submit an application for a consent order and vacate the hearing. You can always ask for an adjournment so you have a hearing date to fall back on if they don't play ball. NB you do need to be sure that they have been truthful about the finances.

This site offers a consent order drafting and submission service.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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