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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Separation Agreement (financial)

3 replies

ConfusedHusband100 · 01/03/2023 21:55

As we are hoping to do this amicably and between ourselves to stop the funds being depleted by legal fees, do we need to fill out Form E as it seems like that's for a court. Are we able to simply agree what we do, get a lawyer to draft it and then sign it?

OP posts:
Timeforachange2023 · 01/03/2023 22:27

Yes, you are. You don’t always need Form E.

It’s a good idea for both of you to receive legal advice. The court likes to see that when being asked to make a consent order. It gives confidence that each party understands the agreement they are entering into.

You can get one of them to then produce the consent order, both sign it, and fill out Form D81 and submit both to the court for their consideration and approval.

isthistheendtakeabreath · 02/03/2023 16:06

I'm divorcing without Form E

Filled in D81 form ourselves - signed it and got it checked over by the solicitor who then drafted the financial consent order

Whiteroomjoy · 03/03/2023 20:51

Please go to link at top of board for ADVICENOWand download their guides for £22 a S about the same cost at 7 mins of a solicitors time
both read through them.
theyre brilliant..tell you exactly what to do, when you don’t need solicitor, where you might, and where you should use one. It’ll talk you through how to make your draft cojsen5 order and submit to court.

It will also, most importantly, explain how “fair settlement” works in pratice as the court must, by law, make sure any financial agreement they “seal” meets the 10 or so fair settlement criteria first - that’s before any 50:50 spilt default that most people think and say.

as AdviceNow guides explain, you will need a D81 disclosure to go to court with your legal draft. That’s the short hand Form E. To be honest it’s easier to use form E first between you to get all stuff down on paper and properly value it. And then you can simply add up into D81. The court can’t seal your order without a D81. Up until June 21, only solicitors could get into court documents to add in draft consent orders and the D81 (can’t be submitted until after the interim order,what used to be decree nisi)..that may have changed with the April 22 changes now.

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