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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 D81

  • MrGrumpyMan
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27 Feb 23 #520656 by MrGrumpyMan
Topic started by MrGrumpyMan
Hi all, I'm wondering if someone can help me answer the following. My Ex-Wife filled the divorce so she was the applicant, however I am filing the Consent Order and on the top of the D81 form it asks who is the petitioner and the respondent. Do i need to match that to the divorce (so my ex-wife will be the Petitioner or is it myself who is the petitioner as i am filing for the consent order.

  • .Charles
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28 Feb 23 #520661 by .Charles
Reply from .Charles
If you issued the divorce petition you are the petitioner and the other party is the respondent.

If the petitioner also makes an financial application they are the applicant.

However, if the respondent in divorce proceedings makes a financial application they are the applicant in financial proceedings.

In your case your wife is the Petitioner/Respondent and you are the Respondent/Applicant.

To simplify though don't cross refer in documents - only refer to the proceedings you are talking about e.g. if you are talking about finances you will be the Applicant and your ex the Respondent

For your information the divorce is often referred to as 'the main suit' as opposed to 'the financial application'.

Charles

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28 Feb 23 #520663 by MrGrumpyMan
Reply from MrGrumpyMan
Thanks Charles, this is what i originally thought, The box at the top confused me as it asks for a court and case number which we don't have in relation to finances. I guess i just leave that blank.

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28 Feb 23 #520664 by .Charles
Reply from .Charles
It's slightly confusing as there can be no financial proceedings without divorce (or judicial separation) as financial settlement arises from the divorce.

In short, the court claim/case number is the one for divorce, even if the parties are different.

Charles

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