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DELAYED FINANCIAL SETTLEMENT

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07 Feb 09 #86985 by kjhowse
Topic started by kjhowse
Hi

I'm trying to organise a divorce and my ex and I have agreed that it should be done in two parts. First get the divorce out of the way so that she is free to marry again and secondly to do the financial divorce in five years time when I retire from my current position. The problem is that if we go for a financial divorce now there is too much debt and I would probably have to go bankrupt resulting in her losing the family home and becoming homeless!

The question is, is it possible to do this in two parts as outlined above with a contract in place which must be fulfilled at the five year point?

Thanks

kjhowse

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07 Feb 09 #87130 by DivorceSolicitor
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Yes, it can.

As always, the "devil can be in the detail" and you'd have to watch that her claims were not cancelled by the divorce and her remarriage but careful drawing up of the papers should sort that out!

But I'd imagine you could get a financial settlement ("Consent Order")during the divorce first part but have it to come into operation 5 years later. Avoids mind and attitude changes.

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09 Feb 09 #87636 by kjhowse
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Thanks very much for your advice. Can you point me in the direction of where I could find a sample "Consent Order"?

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