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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 and D81

  • Worriedone
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31 Jan 24 #522471 by Worriedone
Topic started by Worriedone
My STBE agreed terms of financial Consent Order via solicitors . The draft consent order and the D81 form was sent from my solicitor to his but he will not respond to his solicitor or go in to sign and complete the forms . What happens now?

  • .Charles
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01 Feb 24 #522498 by .Charles
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If there is no consent there can be no consent order. It might be that he agreed to the settlement but he can withdraw that agreement.

It is possible to apply for an order that there is a concluded agreement and have the court issue the order based upon the agreement previously reached. This is messy though.

There is nothing stopping your solicitors from saying that in the absence of signed documentation an application will be made to the court for an order to ratify the agreement and that the costs of the application will be sought from your ex. A shot across the bows like that often spurs a party into action.

Charles

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