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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.

 

D81 - Partners solicitor has asked me to fill out and respond

  • Cloud88
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26 Nov 24 #524638 by Cloud88
Topic started by Cloud88
Hi,
Myself and my partner have reached an agreement that we are both happy with. Originally we planned to do a joint application for divorce but she decided to change her mind. Which left me in a situation that I have had no legal representation, as prior to the application we had started to split assets including our savings which she currently holds all savings.
Since then we have renegotiated our positions and she is now happy with the agreement.
Her solicitor has now said we can proceed with the D81 form rather than a form E, and my partner has signed to say she doesnt want spouce maintenance and just wants what is now agreed.
My question or concern is reading the D81 its a joint document and her solicitor wants me to fill out just the respondent section and return it, is this correct? This makes me slightly suspicious especially considering we had an amicable agreement which at the last minute she change to a sole application vs joint application. I dont feel comfortable filling out the form only for her solicitor to potentially use it to renegotiate.

  • WYSPECIAL
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26 Nov 24 #524639 by WYSPECIAL
Reply from WYSPECIAL
Yes it’s normal.
You each fill in your figures and the form gets sent to court.

  • Cloud88
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27 Nov 24 #524640 by Cloud88
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Many thanks for replying, so just to confirm its ok for me as the respondent to complete the form with no legal representation and send it back to her solicitor to fill out on her behalf. The issue i have is i am unable to get a solicitor as my savings are too low since she has all of our joint savings.
Again many thanks for your reply with my question.

  • .Charles
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27 Nov 24 #524641 by .Charles
Reply from .Charles
Yes it's normal and required for the Court to process the application.

If the agreement is unusually unequal the Judge will ask questions or may even list the matter for hearing. Most applications go through without problem.

Charles

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27 Nov 24 - 27 Nov 24 #524642 by Cloud88
Reply from Cloud88
Many thanks Charles.
Do you have any sort of guide on how to fill out the D81. I have all of the information i.e. property information, recent pay slip, CETV of pension.
But I noticed that alot of the sections are the same?
Last edit: 27 Nov 24 by Cloud88.

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