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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34586
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Myself and wife have been apart over 5yrs house now sold

Resolved Question:

Myself and wife have been apart over 5yrs house now sold we've both come to an amicable fair agreement re finances and have both taken legal advice and have had separation agreement drawn up witnessed and signed at solicitors. No children or dependents involved. Just had a look at consent form what is best way of translating our wishes on separation agreement to the consent form.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Are you intending to Divorce immediately?

Customer: replied 1 year ago.
Well contracts been exchanged re marital home sale completion due on Tuesday. Yes intending to divorce. We've both agreed finances amicably in a way that's fair to both sides and has been drawn up in separation agreement and we've both had solicitors advice on this. We both just want divorce done with simply cheaply and hassle free as possible.
Expert:  Clare replied 1 year ago.

To have a Consent Order you first need a Divorce

You can find the process explained here

https://www.gov.uk/divorce/file-for-divorce

With a link to the necessary forms.

Once the Decree Nisi has been applied for then you can have your separation agreement turned into a Consent order and it can be sent to the court with a form D81 and the fee of £95.

I hope that this is of assistance - please do not hesitate to ask further questions if I have not covered the points concerning you.

Customer: replied 1 year ago.
Ok but re consent order do I need a solicitor to translate separation order into consent form or is there a cheaper way
What in your experience would you suggest on this please?
Expert:  Clare replied 1 year ago.

Have all the finances been completely divided?

Customer: replied 1 year ago.
Right we've both come to an amicable agreement re finances from sale of house which is what has been detailed and drawn up in separation agreement. When we initially parted wife got lump sum of 20k from my pension lump sum. She is not pursuing any further money from pension just an agreed share of house proceeds which I've weighted slightly in her favour due to her being more than fair with me on an earlier fiscal matter re the mortgage which I'd agreed to keep payment up on whilst she took care of all other bills however due to a banking error this didn't happen and we weren't speaking for 3yrs. Got a snotty letter but dismissed it as her trying it on. However eventually we got back to civil speaking terms and this is when this came out. Of course it accrued to some 13k which against the odds she managed to keep up. I apologised for this and she knows now that wasn't my intention not to keep mortgage up. She said she'd be ok with it if I gave half that amount which I did so she'd been fair with me. What has been agreed in separation agreement is that after all expenses paid she gets 80k from house and I get 63k. I have my own property with a 16k mortgage which I intend to clear and have 25k in bank. I know that she is starting afresh and is not in highly paid work. We've both taken solicitors advice. Neither of us has any intention of further pursuing each other for money. So monies of house sale be distributed as agreed in separation agreement. House completion date is on Tuesday. We are both in agreement she just wants her lump sum from house and that's it end of. Neither of us wants any hassle or legal wrangling we both want line drawn under this so divorce simple with as little expense on solicitors as possible she don't want a fight and neither do I. We just want to deal with it simply in an adult way.
Expert:  Clare replied 1 year ago.

So by the time any Order is sealed all the money will have already been divided - is that correct?

Customer: replied 1 year ago.
Clare that is correct.
Expert:  Clare replied 1 year ago.

In that case you need a relatively simple Order simply dismissing all claims you may have on each other

such as the one here

http://www.wikivorce.com/divorce/Financial-Settlements/Financial-Settlements/Consent-Order-Simple-Example.html

Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks owd luv that really clarifies things