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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.

Divorce agreed online - now what regarding finances?!

8 replies

Milly1970 · 28/05/2024 13:36

Hello!
My STBXH and I are fairly amicable (surprisingly) and have started the divorce proceedings online and can apply for a conditional order on the 8th October. This seems a long way off but I understand that can fly by. Amazingly we have agreed to a financial resolution between ourselves and waiting until the 8th October to file the consent order. We are not involving savings or pensions, just the property. Will this go against us?
My question is (actually a few!) - can we prepare the draft consent order and send to the court before the 8th October? Is this the D81? Do we need a solicitor for this? We have not been through mediation and I have been told you need to show that you have either been through a solicitor or Mediation? Is this correct?
What can we do in preparation for the 8th October? Like many of you, I do not want to prolong this any longer than need be.
Thank you 😁

OP posts:
Octavia64 · 28/05/2024 13:51

If you are both in agreement then you don't need to do mediation. That's for couples who can't agree and it's compulsory before going to court if you are arguing with each other.

If you've agreed what you want you can either get a solicitor to write it up or we used amicable.io

However it is up to the judge on the day whether they approve it, and if the financial order is extremely unbalanced - eg 90% 10% then the judge can refuse it.

Milly1970 · 28/05/2024 13:55

Octavia64 · 28/05/2024 13:51

If you are both in agreement then you don't need to do mediation. That's for couples who can't agree and it's compulsory before going to court if you are arguing with each other.

If you've agreed what you want you can either get a solicitor to write it up or we used amicable.io

However it is up to the judge on the day whether they approve it, and if the financial order is extremely unbalanced - eg 90% 10% then the judge can refuse it.

Thank you. Yes, we managed to do it without mediation.
I think it is fair, It is 60/40 in his favour but if I dispute it anymore, the charges will be higher than the amount I am conceding.
I just don't want to get to the conditional order stage, formally apply for the financial order and it is not agreed

OP posts:
5DivorceHelpPlease · 28/05/2024 14:06

"I think it is fair, It is 60/40 in his favour but if I dispute it anymore, the charges will be higher than the amount I am conceding."

Fucking hell @Milly1970 - I understand your logic but by not disputing he's getting 150% of what you're getting. It's not just 10% more. And that's without savings and pensions, I hope they are weighted in your favour.

Please think of your 75 year old self - I say 75 as that's the age my IFA said I'd run out of money if I'd accepted my ex's first (and only, to date) offer.

ragdoll12345 · 28/05/2024 14:12

The D81 is not the order, it is the statement giving all the financial information for both parties for the Judge to see if the proposed order is fair. You need the actual order to be drawn up by a solicitor- there is no blank form to do it yourself. The order cannot be filed until the conditional order has been issued, if you try to send it to the Court before the conditional order is issued it will be rejected.

Milly1970 · 28/05/2024 14:14

5DivorceHelpPlease · 28/05/2024 14:06

"I think it is fair, It is 60/40 in his favour but if I dispute it anymore, the charges will be higher than the amount I am conceding."

Fucking hell @Milly1970 - I understand your logic but by not disputing he's getting 150% of what you're getting. It's not just 10% more. And that's without savings and pensions, I hope they are weighted in your favour.

Please think of your 75 year old self - I say 75 as that's the age my IFA said I'd run out of money if I'd accepted my ex's first (and only, to date) offer.

His only savings is from inheritance, which I understand I do not have any rights to, or will find it difficult to obtain. Also, I think my pension is a lot better than his.
I completely get what you are saying but we are not talking about a huge amount of money or difference in what I can potentially obtain.
I have a good job and he doesn't.
Lots to consider. no way over yet!

OP posts:
LemonTT · 28/05/2024 15:03

Theirs is a good chance based on what you have written that a judge may refuse to sign off the agreement until you have both gotten independent legal advice. If you want this done quickly then put this step in before October. But really sooner rather than later.

Milly1970 · 28/05/2024 15:16

Noted, thank you very much. I will do it now!

OP posts:
Octavia64 · 28/05/2024 15:19

If you are in England then his savings count as marital assets whether they have come from inheritance or not.

Scotland is different.

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