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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.

 

Consent Order / Settlement - Living In Middle East

  • Rossm3
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17 Apr 22 - 17 Apr 22 #519202 by Rossm3
Topic started by Rossm3
Hi all,

I'm thinking to start this process.

We divorced in 2015.

However I live in The MId East and my ex is in the UK.

How would I get representation If I am now no longer a UK resident since 2016?.

As its a non REMO country the CMS cannot have any say in maintenance too.

If we cannot come to an agreement, how would the court process work If I don't live in the UK?.
Last edit: 17 Apr 22 by Rossm3.

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18 Jul 22 #519615 by Rossm3
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Any direction / advice on this?.

Thanks.

  • hadenoughnow
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18 Jul 22 #519616 by hadenoughnow
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A solicitor can represent you or you can represent yourself and have the choice to use a direct access barrister for any court hearings. If you are not in the UK, the chances are they will be remote hearings.

Hadenoughnow

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19 Jul 22 #519623 by Rossm3
Reply from Rossm3
Thanks for your reply.

So maintenance would have to be a private agreed amount as not on UK payroll.

If we cannot agree how can it be enforced as CMS does not apply?.

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19 Jul 22 #519624 by hadenoughnow
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The maintenance figure could be included in the order in various forms depending on circumstances. It is also possible that a capital settlement may be made that would reduce living costs in recognition of potential non payment of CM.
Without a fuller picture of the situation it is really not possible to advise effectively.

Hadenoughnow

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20 Jul 22 - 20 Jul 22 #519631 by Rossm3
Reply from Rossm3
That makes sense, thank you.

There are 2 children, 10 & 13 I have been paying maintenance and 50% of the mortgage since divorce 7 years ago. ( total main / morg payment 850 pounds)

Ex wife can now afford to take on the mortgage alone - 128,000 pounds outstanding, value Est at 330,000 pounds. Est 200,000 equity.

She wants all of the equity and similar maintenance.

I am happy to let her have the house and my share off sets the maintenance payments.

My concern is if the judge sees all of the house equity to her plus the maintenance he will not agree due to being heavily imbalanced Consent Order?.

Last edit: 20 Jul 22 by Rossm3.

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25 Jul 22 #519661 by Rossm3
Reply from Rossm3
Any feedback please hadenoughnow ?.

Thank you.

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