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Consent Order / Separation

  • DavePee
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27 Aug 09 #141843 by DavePee
Topic started by DavePee
Hello

I'm in the process of splitting up with my wife. We have more or less agreed on how to split the equity in the house and who is looking after our 2 kids etc.

The mortgage company has agreed to the remortgage which I will be taking on and I will 'buy my wife out' of the house. I wanted to get the finances sorted out ASAP and worry about the divorce later. It looks like I should get a Consent Order drawn up and agreed with the wife to avoid any future claims. Does that sound like the best way forward or should I just go for the divorce now? I already paid a set up fee with the mortgage company and didn't want to lose this although I don't know if there's a time limit on their offer.

Thanks, Dave

  • NellNoRegrets
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27 Aug 09 #141926 by NellNoRegrets
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I don't think you can get a consent order until you are going through the divorce. Until you and your wife are divorced, either of you can have financial claims on the other.

This might help www.wikivorce.com/divorce/Step-By-Step-G...Financial-Order.html

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28 Aug 09 #141956 by DavePee
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Thanks for the reply and link. I'm still not clear from reading that if it is necessary to first submit the divorce petition.

If that was the case though I'm also thinking of just getting a Separation Agreement (deed of separation). This doesn't sound as legally robust though but may be suitable for my current circumstances?

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