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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Final Hearing

  • washington1
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21 Sep 11 #288783 by washington1
Topic started by washington1
Following the FDR the case is set to have a final hearing at the beginning of the new year. I had a barrister represent me at FDR, 'ex' dumped his solicitor shortly before so represented himself. Can he represent himself at final hearing and cross-examine me? What kind of questions are you asked and is it an 'open' court or only accessible by parties and representatives? Is the only way to avoid final hearing to agree a settlement beforehand? Thanks any advice very much appreciated.

  • dukey
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21 Sep 11 #288787 by dukey
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No its not an open court in fact only lawyers can attend, if he would like a friend to attend to take notes and help with the bundle the judge will in most cases allow it, but the friend cannot address court or talk to you.

When he asks you questions they are limited to questions regarding finances, a judge may allow other questions that you may feel are irrelevant, if he does just answer i don`t see how that is relevant, if you feel intimidated then say so.It is sometimes the case that a person leaves court thinking why did the judge allow s this or that, the reason is a judge can allow a person to have enough rope to hang themselves, it also makes appeals less likely.

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21 Sep 11 #288788 by washington1
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many thanks - he is very intimidating and has a high opinion of himself and I will feel very anxious and vulnerable

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21 Sep 11 #288790 by dukey
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Intimidating and arrogance count for nothing in court, the judge is looking at numbers and needs not opinions.

What really matters is how much money you both have in terms of income and assets and what you both need from that pot, how a judge divides it is impossible to say but at the end of the day it comes down to money and respective needs.

Be open be honest try to keep your answers short and to the point and if you don1t like the way you are questioned make it known.

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21 Sep 11 #288795 by mrs_ex
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I have to agree with all that as i have just been to my final 2 day hearing and ex was repping himself and indeed the judge gave him sufficient rope to hang himself.

My barrister told me just to answer his questions to me in a direct fashion and not as my ex did to my barrister by going off tangent in what was not a financial issue but conduct issues.

If i could do it so can you, but hope you agree something before.

PM me if you would like to chat wash x

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