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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
thank you. Based on what you say, your marriage would be deemed by the courts as a so-called short marriage and as such, the starting point at least four courts would be to put the parties back in substantially the same position they were in prior to the marriage in terms of their own assets and then look to divide any assets that have been jointly acquired during the marriage between you. However, from what you say, you have largely agreed terms so this element maybe unlikely to be of particular interest or issue.
In terms of starting a new business, naturally, until such time as the consent order is sealed by the court, it is in principle open to either of you to revisit the terms of the consent order however, any attempt to change the terms other than by agreement would largely be tested by the above guiding principles and accordingly, whether any attempt to change the terms would be a realistic would depend upon the nature of the changes that were sort.
However, even if you take the view that the terms of the consent order cannot realistically be changed to any great extent there is still the scope for potential delay and dispute meaning that you may not obtain assets and funds ( which you do not already control) for some time longer than you currently believe may be the case and as such, you should be cautious in terms of committing to any liabilities which you cannot fund without dependence on your divorce settlement. in terms of assessing this risk, it is likely to be a matter of fact and degree and your general appetite for risk in this regard
I hope the above is of some assistance but if you have any further questions, please revert to me.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
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