ack! Almost there but stuck!

hi everyone,

My ex and I have done a DIY divorce, it is amicable and the Decree Nisi was pronounced 11 August.

We have already agreed and settled the financials - he bought me out of the marital home and we settled mutual debts, division of household goods, etc. I got a lump sum payment and everything is done and dusted.

Thing is, I'm a bit confused about the Consent Order. We are meeting to apply for the Absolute tomorrow, with the D81 form that we have both completed, but have completed it for our post-settlement situations. We have both received independent legal advice, and while the balance of the settlement is in his favour more than mine, he is also 12 years older (hence closer to retirement). My aim was not to take him for half of everything, but to be able to pay off my debts with the lump sum settlement, with a bit left over for savings.

I guess my long-winded question is, do we have to do a consent order at all or will the D81 suffice? We have added a blurb in the comment section about what we have agreed, and that we have both received legal advice, etc. Will this be enough, or is something else required?

From our points of view, we are totally apart except for the Absolute.

Will the application for the absolute and the D81 be enough?

thanks in advance!

The divorce and ancillary relief are different procedures. Without a consent order dismissing any future claims anything you have agreed is not legally binding and either party can make future claims against each other.

If you have agreed everything between you it is a case of asking a solicitor to draft a consent order which is then submitted to court along with Form D81, Form A for dismissal purposes and a court fee of £40. There is no way round this unless you leave yourselves open to future claims which very often turns out to be a false economy.

Hi Fiona,

Thanks for that! I was planning to get a Clean Break order, but does this have to be done with the application for the Absolute, or can we do this after (like next week?)