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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.

 

Trying to stick to a convenient court?

  • s59
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16 Apr 14 #430272 by s59
Topic started by s59
Hi All,

I''m about to Petition for divorce, which will probably be contested, i.e. we''ll have to attend court at some point, and I''d like to do it in Holborn, as this is very convenient for my work and not inconvenient for my ex. I''m worried that they will transfer it either to another court which is near my ex''s work but fairly inconvenient for me where a Non-Mol hearing took place last year, or worst of all to a third court where we have a Children''s Act case going on currently, which is not convenient for either of us - I think it was transferred there because of Child cases for the region generally being heard there.

My question - Would it be appropriate to attach a letter to the court with the petition requesting respectfully that the case be heard in Holborn if possible because it is the most convenient for both of us although not geographically closest to our house? Or will this be ignored and the case transferred regardless?

Many thanks!

  • rubytuesday
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16 Apr 14 #430274 by rubytuesday
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As from Monday 22nd April, the PRFP (Holborn) will exist only as a division of the High Court (the Principal Registry of the Family Division of the High Court of Justice) and will be situated in the Royal Courts of Justice. It will lose its powers as a divorce county court.

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16 Apr 14 #430280 by rubytuesday
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Sorry - I pressed send too soon.

As from 22nd April, you will only be able to issue proceedings in the new single Family Court. The Family Proceedings Court will no longer exist and the Magistrates'' and County Courts will no longer be able to accept family work. However, because the Family Court can sit anywhere you will probably find yourself still going to your local magistrates'' and county courts.

The D8 form will change, and you will need to use the new version as form 22nd April - and there will no longer be a requirement to complete and attach a Statement of Arrangements for Children.

  • s59
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16 Apr 14 #430282 by s59
Reply from s59
Thanks Rubytuesday. Well I''m unlikely to manage to file tomorrow so it''s the new Family Court for me. If Holborn is no longer a Divorce Court as of next week, does this mean the nearest court to Central London will be somewhere like Watford?

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16 Apr 14 #430283 by rubytuesday
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There will be three single Family Courts in London, each with its own
Designated Family Judge and Designated Family Centre: one in the centre, at First Avenue House; one in the east, probably in Docklands; and the third in the west.

I don''t have a full list of the new Designated Family Centres yet - the information has been very slow to come out, and despite this all kicking off on Monday, we are still waiting for a lot of information.

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16 Apr 14 #430285 by s59
Reply from s59
Thanks Rubytuesday. So do you think if I file in the First Avenue House one it would be valid to ask that it isn''t transferred elsewhere as it is the most convenient for both parties, despite not being *geographically closest* to the FMH?

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16 Apr 14 #430286 by rubytuesday
Reply from rubytuesday
I''m learning on my toes here - all this information is very new (today), so I have to hold my hands up and say that in practice I don''t know how it will actually work - no-one will until the changes are in operation.

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