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Amicable divorce - who has final say...

(5 Posts)
WherecanIhide Tue 05-Apr-11 14:33:31

Hi all,

I am in the begining stages of divorce. My ex and I have made our own arrangements re finances. Basically he hands the house over to me and our children and I meet mortgage payments (and bennefit from equity eventually) whilst he keeps 100% of his pension. he has also agreed to finish car payments. We are happy with this, but do we get to legally finalise this or will someone else, (courts), by looking at value of equity versus pension and make us do otherwise?

We are being amicable (very good of me considering what he's been up to!) so tbh I'd hate interference, but I am aware I may have no choice!

Any advice/thoughts would be very much appreciated.

Thankyou.

callow Tue 05-Apr-11 15:01:03

I am divorcing my ex in an amicable way. I got to keep all the money after the house was sold (and was able to purchase another house outright) and ex will keep his pension.

The only way to get a legal agreement yourself is with a consent order which has to be done either during or after a divorce.

They way I am doing it is that I have done the divorce part myself (forms available online at www.hmcourts-service.gov.uk. That will cost just under £400. If you agree on the finance side you can do a consent order. As it has to be done in the correct manner it is best to get it drawn up by a solicitor. You can do this via an online firm as well (cost around £200 - 300). It can only be presented to the court once you have a decree nisi. The judge will look at it and check that it is fair.

You can also agree financial arrangements via the court with ancillary proceedings but you both need to give full financial details. The financial information needed for a consent order is very small (2 pages compared to 10 pages).

WherecanIhide Tue 05-Apr-11 21:06:18

Thankyou very much for your reply callow.

hsurp Sat 28-May-11 10:41:24

You both can use the same lawyer in this case. It needs to be on record, for legal purposes. Sounds like you will have an easier time than most - good for you!

Conflugenglugen Sat 28-May-11 11:37:45

WherecanIhide - it sounds like, the way you're working together, that your divorce has the best chance of going through smoothly. Well done, both of you, I say. Divorce doesn't have to be any more painful than it already is. My first husband and I did the same thing ... six years on, we are very good friends (not that this has to be the outcome; it was our outcome).

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