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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35766
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorcing and have a financial consent order and

Customer Question

I am divorcing and have a financial consent order and require some advice re the conditions set out we have reached this point through mediation and the wife’s solicitor has drawn this up
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes we are at the last stage ie consent order and absolute pending I also have a home rights register on the property the property has been sold
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Bury st Edmonds uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no just want to be assured I’m not leaving my self open we have arrived at this point amicably
Submitted: 5 days ago.
Category: Law
Expert:  Clare replied 5 days ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 5 days ago.

What do you wish to know?

Customer: replied 5 days ago.
Hi Clare
Customer: replied 5 days ago.
Not yet
Customer: replied 5 days ago.
Would you need to see consent order
Expert:  Clare replied 5 days ago.

That depends what you wish to ask

Customer: replied 5 days ago.
The statement off truth attached has figures that relate to the house sale at 335000 selling price and the house sold at 375000 spouses solicitor has told her to leave the old figures in Will the statement have any bearing on the judge stamping the order
I am receiving a 56.25 percent off the proceeds off the sale as I am making no claim on spouses pension even though my pension is small
Expert:  Clare replied 5 days ago.

That is an oddity

The point of the D81 is to give the Judge a picture of the finances before the split so that the Judge can decide whether or not the Order is reasonably fair to both parties.

Given that you are receiving only slightly more of the equity and that it is balanced by the pension it is unlikely that the change will alter the arithmetic massively - which makes it even odder that the solicitor has told her not to bother changing it.

Frankly I would have redone the figures and sent out a new D81 but some are lazy!

Please ask if you need further details

Customer: replied 5 days ago.
Thank you Clare will take advice and ask for another d81