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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.

 

DIY Consent Order

  • barbbrown2969@gmail.com
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20 Sep 23 #521797 by barbbrown2969@gmail.com
Topic started by barbbrown2969@gmail.com
Hi
My soon-to-be-ex and I are doing a DIY amicable no-fault divorce and have already agreed the financial arrangements which we are both happy with. We want to get a Consent Order WITHOUT USING A SOLICITOR but need to know which forms we need to send to the Court?

I found an old post from 2015 on this forum which said:

1) for the court, the following forms are requested if it is a consent order:
•One copy of the Form A completed and signed by the applicant
•One copy of the Form A completed and signed by the respondent
You should also on both Forms A write “FOR DISMISSAL PURPOSES ONLY” at the top underneath the title that says “Notice of intention to proceed with an application for a financial remedy”. This just confirms that you do not want to issue full proceedings but that your are only filing the application so that a Consent Order can be lodged.
•Three copies of the Statement of Information Form D81 countersigned by both parties
•Three copies of the Applicant’s and Respondent''s proposed Consent Order signed by both parties
•Cheque for the fees


Can anyone please confirm whether this information is still current? (Sept 2023)

Many thanks

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21 Sep 23 #521799 by .Charles
Reply from .Charles
No, that guidance is outdated. Here is a link to the D81 statement of information which has a lot guidance in the margins and within the form itself.

assets.publishing.service.gov.uk/governm...49/D81_0223_save.pdf

To save you the hassle the court fee for a consent order application is £53.

Charles

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29 Oct 23 #522001 by laconic
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Hi.

I saw your post on a DIY consent order and was wondering if you have any examples of consent orders that I can use to create one for my divorce please? Anything, including online examples I may not have found in my search.

Mine would be simple as it include splitting the money in an account, me giving some pension money through a pension sharing order and then each of us keeping the stuff we already own (i.e. our own cars, etc.).

Any help would be greatly appreciated.

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31 Oct 23 #522013 by .Charles
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Years ago it was possible to draft an order which broadly reflected an agreement. However it became apparent that the wording for the orders was not ideal and could be ambiguous.

Unfortunately when parties reach an agreement and draft order order a judge will look at it and if it looks 'about right' they will make the order. This can be a problem with non-standard wording as ambiguity rears its ugly head at a later date.

The Court service devised a document which had standard wording for each part of an order required. That document is linked below.

The document contains everything that will need to draft the agreement you have reached. The skill required will be in deciding what to delete (which will be most of it in your situation) and which bits to keep.

Unfortunately if you don't know what you are looking at it will be a very steep learning curve. It's not impossible but you need to weigh up whether it is worth your time or to pay somebody to do it for you - if you have that luxury.

I usually liken the process to having a surveyor draw some plans for a house extension. I can definitely draw an extension on the side of my house and it might even look right but I don't have the skill to recognise what is right, what is wrong and what is missing.

Charles

www.judiciary.uk/wp-content/uploads/JCO/...l-remedy-omnibus.doc

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