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Divorce - amicable, each have seperate property, assets, etc - clean Break?

2»

Comments

  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can always gift back which just shows how pointless it would be to try to force a couple to do something they don't want to do.
    I hope its there more as a protection for people who have been clearly badly advised, lack mental capacity or under duress.

    You probably know you have to wait for 20 weeks to apply for a conditional order and 43 days for a final order.
    CETV can take months to get.

    Would be interested in the outcome
    i.e. whether you stick to the agreement or whether it changes after seeing the figures (I have a personal interest).


  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    lisyloo said:
    You can always gift back which just shows how pointless it would be to try to force a couple to do something they don't want to do.
    I hope its there more as a protection for people who have been clearly badly advised, lack mental capacity or under duress.

    You probably know you have to wait for 20 weeks to apply for a conditional order and 43 days for a final order.
    CETV can take months to get.

    Would be interested in the outcome
    i.e. whether you stick to the agreement or whether it changes after seeing the figures (I have a personal interest).


    Yes, the process is there to protect both parties from abuse, so unless it looks like one party is being taken advantage of, or that one party will end up with insufficient means while the other party ends up with more, than I do not expect the court to step in as I would expect they have better things to do with their time!

    The court process recommends that both parties agree on the split as they don't actually want to be sitting in on having to decide the asset split for couples.

    I and my ex-husband have separate finances and we have a rough idea of how much each other has but when it came down to actually putting pen to paper and working out our worth, it was actually quite surprising.  So yes, until the figures are all written down, you may find that an agreement may very well change if there is a large disparity.

    We have done a separation agreement, which at least sets out in stone our worth and our agreement on the split, so there is an official copy of our agreement on record.  we can send this in with the consent order application to give strength to our agreement.
  • RAS
    RAS Posts: 35,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just to add, that failure to get a final consent order leaves you both liable to claims from the other party if you acquire additional assets.
    If you've have not made a mistake, you've made nothing
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