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Accepting Conditional Order without a Consent Order signed?

  • DivorceFAQs
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28 Apr 23 - 28 Apr 23 #520968 by DivorceFAQs
Topic started by DivorceFAQs
Hi. I am currently going through a divorce and seeking advice to help me move this forward. We started with a joint application.

My STBX and I agreed a financial settlement back in January and a legal service was hired to write a Draft Consent Order. The document was produced and has been sent to me recently, I revised the D81 and the Draft Consent Order and I signed and send the documents back to them. My STBX is waiting to receive these documents to get them revised but she she told me she is getting advise from a solicitor to look at the Draft Consent Order, potentially not accepting the terms.

The cooling off period has just came to an end and my STBX and I received an email to apply for the Conditional Order - jointly. She accepted despite of not having clear her next steps.

I don't know if she will accept the Draft Consent Order when she receive it from the legal service or if she would want to amend it or even if she will dispute all terms completely which would mean to start discussing the financial agreement again. For some context the agreement that we reached is very simple as we don't have children, houses or mortgages/joint debts and we are self-sufficient economically.
  1. Would it be wise for me to confirm the conditional order (at this stage, jointly)?
  2. What would change in practice if we switch from a joint application to a sole application right now?
  3. What implications would we have if there is a big delay on getting the Consent Order ready?
  4. What would be the next logical step?
Last edit: 28 Apr 23 by DivorceFAQs.

  • hadenoughnow
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01 May 23 #520987 by hadenoughnow
Reply from hadenoughnow
The finances and divorce are separate. You need a conditional order to have a legally binding financial order. It is the final order that may need to be delayed until you have a settlement in place.

Hadenoughnow

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