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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33296
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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HelloMy wife and I have completed the first part of the

Customer Question

Hello My wife and I have completed the first part of the divorce the decree nisi and we have been to court to discuss a financial settlement. However the judge told us to go away and see if we could decide among ourselves how we wanted to do the financial settlement( want we wanted) and then send it in. Ours is really basic , 4 lines ( transfer of pension, cash payment, child monthly maintenance amount and payment of court fees) and we want a clean break. Can I just write a letter which we both sign and agree and get it witnessed by solicitor?and send in to the judge or do I have to do something more technical ? Thanks Sunil

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Does the agreement represent for the most part a 50/50 division of the assets?
Clare
Customer: replied 2 years ago.

No. We didnt want what. We just agreed the points I raised..It equates to around 70 % of the 50/50 but we are both happy with the agreement

Expert:  Clare replied 2 years ago.
Hi
How old are the children and how will they be accommodated?
Clare
Customer: replied 2 years ago.

My son is 7 and lives with the mother in a house she purchased last year. I will pay maintenance each month. I will continue living in my house which I bought after we split. The co habiting house was her other house which she rents out.

Expert:  Clare replied 2 years ago.
Hi
You do need to have a Consent Order drafted properly for the Court.
One way to do this is for you and your ex to sign the letter as you have discussed and then find a solicitor who will turn that into an Order.
You will find some resistance to start with but Family lawyers are learning to change their approaches and if you make it clear that you ar enot asking them to advise you on it - just to turn it into an Order which you will then submit then you shoudl find one willing to do so.
Expect to pay about £250 plus Vat
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

ok thats great...what do I have to do and what does the consent order consist of ? we have done all our financials and the judge has been through them and told us to go away and see if we could resolve this matter without his interaction and just send him what we had decided .

Expert:  Clare replied 2 years ago.
Hi
The Consent Order is a formal document
One way to do this is for you and your ex to sign the letter as you have discussed and then find a solicitor who will turn that into an Order.
You will find some resistance to start with but Family lawyers are learning to change their approaches and if you make it clear that you ar enot asking them to advise you on it - just to turn it into an Order which you will then submit then you shoudl find one willing to do so.
Expect to pay about £250 plus Vat
Clare

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