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DIY consent order

  • humptydumpty999
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21 Nov 09 #164136 by humptydumpty999
Topic started by humptydumpty999
Hi, I am the respondent in an uncontested DIY divorce (Decree Nisi hearing is next month, Decree Absolute to be sought 6 weeks later).

A Consent Order will be filed shortly for a Clean Break. We have agreed on a modest settlement figure. No children involved. The house has already been signed over to me in title deeds.

1) The consent order may well be filed shortly after the decree absolute is granted - is there any reason why this is inadvisable? e.g. any rights lost after the decree absolute?

2) I have the D81 form (statement of information). Can I construct the accompanying consent order myself - is there another form available free from the court? - or must I use a solicitor or online DIY service to construct it for me?

3) If the judge does not approve it (e.g. if deemed too one-sided) then will the judge give feedback and recommend what actual settlement they would approve?

4) If the judge does not approve it, can the consent order just be ignored as if it had not been applied for in the first place?

5) When and how can the settlement money safely be transferred from one party to the other, without using a solicitor. Is a cheque and simple hand written receipt good enough to prove that the money was received? And should this only be done after the consent order has been approved by the judge?

Thanks.

  • Fiona
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22 Nov 09 #164143 by Fiona
Reply from Fiona
It depends on the circumstances, but in some cases one party might be financially disadvantaged by no longer being married because certain rights end such as some pension death benefits.

There is no consent order form, each one is drafted according to the particular circumstances. Unless you happen to have the knowledge and experience of a family solicitor you will most certainly need legal help to draft a consent order.

If the consent order isn't ratified the judge explains why but won't make recommendations and, yes, it can be back to the drawing board. No money should change hands until the consent order becomes effective.

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