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Financial consent order(5 Posts)
A very stupid question: can I apply for this separately from a divorce? Ex DH is keen to sell our flat ASAP but I'm reluctant to move out into rented accommodation without some form of legally binding agreement, even if it's in draft form...
Also, has anybody here used an online divorce service and had a good experience?
Yes you can. Are you divorced already though? It's usually done in between nisi and absolute. I did mine after absolute as we were amicable and we did use an on line company and it was fine. But we did agree on everything and wasn't complicated so that may affect its ease.
Consent order once signed is legally binding and can't go back on, regardless of divorced or not
But you must have started the divorce proceedings (and I think have got the decree nisi). People who will never divorce for religious reasons can also get something called a "judicial separation" which is exactly like a divorce in terms of final consent order etc but without the divorce bit. You won't want that as ultimately you want a divorce.
Why rush to sell your flat when hosue prices in most areas are all on hold pending Brexit vote and also still seeing the effect of the April tax changes and before perhaps you have legal advice on whether you might be entitled to keep the flat yourself? I would not rush into it.
However even if a couple are not divorcing you can draw up a post nuptial agreement which may (but not always) be legally binding even during a marriage where no divorce is going on so I suppose something along those lines might work.
If he wants to move quickly why can't you and he agree the tersm of a consent order this weekend, get an application for decree nisi put in and then have your lawyers draw up the draft consent order inthe next week or so? These things can be done quickly. We didn't have a single court hearing over finances for example.
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