decre nisi

Bossyboots

When the notice giving the date for the decree nisi was sent out, it should also have had a notice stating that the court was satisfied with the arrangements made for the children. These are not set in stone but an indication that the children will be cared for and educated appropriately and that the divorce will not significantly be detrimental to them.

You do not NEED a Consent Order in relation to finances before the decree absolute, but it is advisable. It is easier to deal with before the absolute is granted but it does not prevent that being applied for if it is not done. It would be very unwise not to get this all sorted out now, as the consent order should include a clause preventing either party from making a claim against each other or their estates in the future (this does not affect any claim a parent may bring against their ex-'s estate on behalf of their minor children should the need arise).

I would strongly suggest that he goes to a solicitor, armed with all the details of the finances of the couple in particular, what has happened to the property they lived in together, if rented, what has happened to the tenancy. A Consent Order can provide for one party to take over the tenancy and may be essential in ensuring a landlord does this. As mentioned, are there any occupational pensions. A Consent Order will not override liability for joint debts as it is an agreement between the parties, which does not involve the company any agreement may have been made with, but it does help to set out who will pay for what.

NAR

He must get a clean break financial consent order as soon as possible. If he were to suddenly inherit or win the lottery or any other financial gain his soon to be ex would have a claim on half of it. A friend of mine lost a small fortune when his mother died, leaving him her house, and his ex claimed and got half the value of it - so be warned!

caroljane59

there are three aspects to divorce and they are all dealt with separately. first there is the divorce itself which is in effect a paper exercise - a case of ticking the boxes.

then there are the children. if there are children then as well as the petition, you would lodge a statement of arrangements for children. when the court certifies the petition, it will also certify that it is satisfied with the arrangements for the children. it is only in exceptional circumstances that this would not happen. if there is any dispute regarding the children you would need to make a separate application under the children's act 1989. this is nothing to do with the divorce - many parents are not married!

finally there is the financial side. again this will only be dealt with if one party makes an application or if the parties agree and enter into a consent order. it is not dealt with automatically. if the court is not asked to deal with finances, then it won't.

people often assume that children and finances are dealt with automatically on divorce but this is not the case.

financial issues are often far more complicated than people realise. it is usually worthwhile getting legal advice even if you think that things are agreed. if you are on a low income you will probably qualify for some form of funding. if not most solicitors will do a one off for a fixed price or even free.