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Consent order?

  • MrPeebs
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27 Mar 17 #490503 by MrPeebs
Topic started by MrPeebs
I have been petitioned for a divorce by my wife, we've been separated 3 years. We sold the family home and split it 50/50 although I ended up paying all the family debt out of my share. I went to a solicitor to start divorce proceedings but she had already started herself so I stopped the solicitor. We have no Consent Order and my solicitor said would be very hard for her to make a claim in later life as all our assets have already been resolved. My worry is that I've now met someone else and are planning on buying a house together, with my parter putting down 75% of the deposit. She is worried that my ex may try and claim something at a later date. Is this possible and also what happens if I was to get an order drawn up but the ex refuses to sign it? Thanks.

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28 Mar 17 #490516 by hadenoughnow
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The more time that has passed, the harder it is for a financial claim to be justified but it can,and does, happen. The best way to prevent a future claim is a legally binding financial settlement. This is especially important if you acquire new assets. In your case you are still married. Any assets in sole or joint names will be in the marital pot for division.

You could write to your ex suggesting you formalise your financial arrangements with a consent order that you will arrange and pay for. You can use a service such as the one this site offers.

If she doesn't agree, that would ring serious alarm bells. You may have to take the matter to court to get an order.

If you do buy a new property, it is a good idea to get a deed of trust to protect your respective investments.

Hadenoughnow

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28 Mar 17 #490534 by MrPeebs
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Our hearing is this Thursday for the decree then 6 weeks after that I belive it's the absolute I believe. Is it too late?

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29 Mar 17 #490592 by hadenoughnow
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For a consent order? No. The financial settlement is separate from the divorce process.

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04 Apr 17 #490775 by MrPeebs
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I've just been on the phone to my solicitor who said it will £650 for Clean Break order. I'm tempted to use the ones advertised on here but have been reading mixed reviews. I'm not sure it's worth the risk.

  • GinPin
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04 Apr 17 #490781 by GinPin
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I have no problems with the Wikivorce standard consent order at about £260 Representing me they have been very quick, unfortunately it has been the ex's solicitor who has deliberately held things up and I know that for a fact by reading the emails that my ex has forwarded to me. I can thoroughly recommend Wikivorce Standard consent order.
Hope this helps.

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