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Read our latest Financial Settlements guide (2021)

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.

What Happens if the Other party doesn''t turn up?

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Shell666
Posted by
New Member

08 Oct 14 #446340 by Shell666

Topic started by Shell666

Hi,

I am in the middle (well nearly the end - I Hope) of a divorce. Has so far taken 3.5 years due to my soon to be ex being obstructive.

We are due in court for the Financial next Wednesday and I have not heard a thing from him since Aug. He normally replies to my emails (normally aggressively) but so far has ignored the 2 I have sent him about his son wanting to see him. Which is very weird.

What happens if he does not turn up on Wednesday? He lives in Scotland and tried to pull the Scottish rules over English rules back in Jan, which got swept aside as I filed for Divorce in June 2011 when he still live in England.

Fiona
Platinum Member

08 Oct 14 #446357 by Fiona

Reply from Fiona

Initially if he misses a hearing the hearing may be adjourned or go ahead without him. Ultimately though the court can order he attends or make an order in his absence based on the evidence they have. I do remember one case though when the judge issued a warrant of arrest and the police brought them to court for financial proceedings!

Shell666
Posted by
New Member

16 Oct 14 #446969 by Shell666

Reply from Shell666

Thanks, nah he done one better and lied and said he''d not received papers, then said he sent them to solicitor, then they got lost in post, so had to contact court to delay court as he hadn''t filed all paperwork required. So back to waiting for a new RDA appointment, although my solicitor has asked for it to be an FDR as he''s has been dragging this on for neatly 4 years now. Light is at the end of the tunnel, and I am hoping it''s not far away!

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