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History: Home UK Divorce Forum
Topic:
Amicable Divorce (7 Posts)
Started By:
Date:
27 November, 2017 03:48PM
Amicable Divorce
jacktorrance - 27 November, 2017 03:48PM
Hello all,

My ex partner and I have been separated for over 3 years.

Both of us have progressed in our careers in different ways since the separation and our savings/assets also differ as a result. I didn't own a property whilst we were together but since separating have bought a place with a friend. She is renting. I was always the major earner and paid the majority of the bills. We have no dependents.

Our divorce will be amicable and neither of us will want anything from the other - does anybody have advice on what is the best mechanism to make sure that this is agreed, and the one that will cause the least delay in processing the divorce?

Thanks.
Re: Amicable Divorce
davidterry - 27 November, 2017 05:00PM
Assuming you are both agreed it should be possible to draw up a court order by consent in which you each agree that neither of you has any claim against the other. The court does not have power to make such an order (even if you are both agreed) until at least decree nisi has been pronounced in divorce proceedings. Therefore the divorce comes first. If you are both agreed you cna submit the document to the court for approval once decree nisi has been pronounced.
Re: Amicable Divorce
jacktorrance - 27 November, 2017 05:12PM
Thanks for the reply. Is it not enough that we simply don't request a financial order as part of the divorce application?
Do the courts still look to assess the financial situation of both parties if they don't require a financial order?
Re: Amicable Divorce
davidterry - 27 November, 2017 05:42PM
>>Is it not enough that we simply don't request a financial order as part of the divorce application?

No, not unless you want to take the risk of ending up like Mr Vince:-

[www.familylawweek.co.uk]
Re: Amicable Divorce
jacktorrance - 27 November, 2017 05:45PM
I'm sorry I'm not sure who or what that is referring to...
Re: Amicable Divorce
davidterry - 27 November, 2017 06:31PM
It refers to what happens if you do not deal with the financial issues arising from the marriage formally and finally but leave them hanging in the air. Mr Vince married his wife in 1981. They separated in 1984 and decree absolute was granted in 1992. They did nothing about the financial issues arising from the marriage. In 1992 Mr Vince had nothing. Twenty years in 2012 his business had prospered and he had become a multi millionaire. At this point his former wife made financial claims against him and her right to do that was upheld by the Supreme Court even though it was 20 years after decree absolute and almost 30 years after they separated. The case was then settled on the basis that Mr Vince paid his ex wife £300,000, she would keep the £200,000 he had already paid her on account of her legal costs and a further £125,000 towards her costs. So, excluding his own costs, he ended up paying his ex wife £625,000. This could all have been avoided if at the time of the divorce the financial issues arising from the marriage had been settled formally and finally by way of a court order.
Re: Amicable Divorce
jacktorrance - 27 November, 2017 06:41PM
Thank you - that puts the issue directly into perspective. And I appreciate you spending the time drafting the text for the reply.
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