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Divorced 2009, but no consent order

(12 Posts)
BrassicaBabe Wed 20-Nov-13 12:37:58

Umm, I've been remiss. Exh and I divorced in 2009. Absolute and everything.

We had no kids, a shared property which he bought me out of. I didn't/dont want any of his pension and vice versa etc. So on paper financials were simple. In fact it was a simple divorce over all.

I did the divorce paperwork myself which was simple. The consent order seemed less so and I kind of ignored it blush All I was interested in was getting divorced.

I have since remarried.

So, what, if anything do I need to do?

Thanks smile

Beccawoo Thu 21-Nov-13 21:03:44

If it was just a clean break I don't think you need anything at all. Consent orders are for financial settlements.

Noregrets78 Thu 21-Nov-13 21:58:31

might be worth posting in legal? The way I understand it - consent order is optional, but either of you could claim further amounts from the other in the future unless you have one in place. Not a clean break unless you have one in place.

Collaborate Fri 22-Nov-13 08:52:03

Beccawoo- a clean break is a financial order, which OP doesn't have.

OP - both you and ex can still apply to court for financial orders against the other. He loses the ability to do that if he remarried before applying (you don't, as you were the petitioner).
If you want the security if a clean break you should see a solicitor about it. It's quite a straight forward procedure, but technical. You should be able to find a solicitor to do one for a fixed fee for you (I would imagine around £500).

ChasingSquirrels Mon 25-Nov-13 22:19:53

My solicitor has just charged me £150+VAT for a simple consent order (we agreed and actioned the asset split between us 5 years ago when we separated, we are finally getting the divorce paperwork sorted and just wanted a "this is what we did no further claims" order).

She quoted £250+VAT on the phone, but when I went in (with all my paperwork, facts, figures etc) she said as I had basically done everything she would just charge £150.

MooseBeTimeForSnow Mon 25-Nov-13 22:31:10

collaborate unless the OP deleted the financial claims from the Petition?

Collaborate Tue 26-Nov-13 00:56:56

I've never heard of anyone deleting a financial prayer in the petition, but theoretically yes, deleting that prayer would mean OP couldn't apply for any court orders after remarriage.

BrassicaBabe Tue 26-Nov-13 13:55:54

Thanks. Sorry for the radio silence. Two toddlers on the go, the only downtime I get is at work blush

If it's not too daft a question; what the impact of not getting a consent order? I'll get on to a local solicitor and see what they charge to draw one up. I don't mind "do it yourself", but if I remember this one bamboozled me which is why I ignored it in the first place.

Collaborate Tue 26-Nov-13 14:05:47

Without a consent order you can both apply to the court for a financial order. If he's remarried he can't apply (your application is contained in the prayer of the petition) as you can't apply after remarriage. Technically your application has already been made, and when you file an application you are merely proceeding with an application already made .

BrassicaBabe Tue 26-Nov-13 14:11:16

:-) Thanks.

He's not likely to remarry. He's sucked at it twice already!! grin

ChasingSquirrels Tue 26-Nov-13 16:54:19

Collaborate - as you are here - can I just say thank for for replying to my queries on divorce over the last few years (there haven't been many but I have done it all myself - except for the consent order) and you (and a few others) have provided clear advice to me, and others - which has helped me, in this topic.
So thanks (and to the other lawyers who post helpfully as well).

Collaborate Tue 26-Nov-13 17:25:39

Happy to helpgrin

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