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Apply for absolute before consent order?

  • Willow Gal
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16 Feb 10 #185806 by Willow Gal
Topic started by Willow Gal
I have received my Nisi and can apply for the Absolute next Thursday. However, I am only seeing my STBX tonight to discuss finances for the first time. So far, everything is amicable and should stay that way but I was planning on getting a Consent Order done in due course when we have reached agreement. However, should I go ahead and apply for the absolute before the finances have been sorted out? We have been separated for 2+ years now and I just want it all over with :(

Small further point - we were together for 14 years, married for 11, no kids and had comparable earnings throughout the marriage. My view is that I offer him the equity that he had in his house and brought to the marriage then split everything else 50/50 - does this seem reasonable and is it the view that a judge would be likely to take anyway?

Thanks.

  • TBagpuss
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17 Feb 10 #186133 by TBagpuss
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One of the key reasons for not applying for DA is to preserve any widow's benefits under any pensions and any other entitlement you would have, to protect you if he were to die before any financial order is made.

However, if pensions are not an issue then there is litle disadvantage in applying.

In terms of the the settlement, given the length of time you have beentoghether and married, the court would not necessarily give him back the deposit he paid,as money invested into a family home is usually seen as a joint asset in any event.

So: Other things being equal, a court might give you a bit more than that, but if that is an offer you persoanlly feel is fair, then by all means go for it - a court would not reject a consent order made along those lines.

  • Shezi
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17 Feb 10 #186178 by Shezi
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I agree willow - the advice I had from my solicitor was to have the consent order sealed before applying for Decree Absolute - and that is what I did.

Shezi

  • when will it all end?!
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17 Feb 10 #186184 by when will it all end?!
Reply from when will it all end?!
I had my Absolute months before the finances and Consent Order were sorted... it made no difference to my eventual outcome.

Good luck!

  • blue64
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23 Feb 10 #187449 by blue64
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Hi
I am applying for the Absolute next week.
I bought my ex out of the property and we split the contents 50/50. This was done in incredible haste - all sealed within 4 months of the initial split and only 10 weeks after she left the marital home.

Another post mentioned courts do not usually consider any monies accrued after divorce (eg in the event of a windfall) - I am still concerned about what rights she may have financially eg insurance or pension even after divorce without a consent order in place?

I am skint - do I really have to get a consent order to protect myself?

Many thanks for any help
S

  • steven9818
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12 Mar 10 #191628 by steven9818
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Just out of curiosity how much does a consent order cost? I have looked into it online and prices range from £150-£400. Will this cost include the solicitors time or is this just the cost of the order?

My ex and I have agreed between us all the finances so in effect the solicitors work is done for her. My ex and I have agreed to go 50/50 on it but she is telling me it will cost £1000. Is she being overcharged or is she trying to pull a fast one hoping I never know what the real cost is?

Any help is appreciated

Steven :)

  • InaBetterPlace
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12 Mar 10 #191639 by InaBetterPlace
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I applied for my absoulte before consent order as it was about power with my ex and the Absolute was they final ending for him. We had no assets and only debt that i am paying and he earns a pittance (well on paper ) so he doesnt even pay maintenace for our 3 children.

I am currently using the Legal Access service and so far it has cost me £100 plus court fees although the drafting is taking a few weeks. We just filled in a form showing exactly what we earnt, owned etc and what we had agreed emailed it to the service and am now waiting for the forms to be drafted so we can sign and send into court. My solicitor who did the divorce quoted me between £850 - £1500 to do a consent order and i just didnt have that money!!

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