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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.

 

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  • mishka
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07 Jan 15 #453166 by mishka
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OK, so to avoid legalese words, this means that within 14 days an appointment date and time for a hearing for MPS should be set by the court and presumably shortly after that I should get a letter in the post telling me when that will be.

However, the hearing date is likely to be at about the same time as the FDA in any case, as mentioned elsewhere, which is unlikely to be for at least 2 to 3 months?

The reason this is important to me is pure cash flow. I have zero cash and no income. If I know that in 2 weeks I may have some income from an MPS order, that completely changes how I approach the next two weeks. If the timescale is 2 to 3 months I need a different approach.

This makes an enormous difference to me which is why I''m trying to get to the bottom of it.

  • rubytuesday
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07 Jan 15 #453167 by rubytuesday
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mishka wrote:

I bow to your superior knowledge and experience but am simply trying to resolve a situation with no money or support available.


There IS support available - here! But you are going the right way to alienate those who are in a position to assist and help you :blink:

  • Fiona
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07 Jan 15 #453168 by Fiona
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Unless there has been a change I''ve missed somewhere in the Family Procedure Rules there is a requirement that a MPS hearing is listed not *less* than 14 days after the application. That is to allow a respondent time to prepare their case.

I think you may struggle to find a sample of 20 people. Stand alone applications for MPS aren''t that common. Nonetheless any feedback is interesting and can help us understand more. There is a problem though when people rely on ancedotal evidence and lose sight of the bigger picture.

  • mishka
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07 Jan 15 #453169 by mishka
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Ruby, I''m just trying to get clarity, you do this every day but for those of us new to it, it can be infuriating, my apologies for being short.

So, here''s the clause from the document the Family Law article quotes (www.legislation.gov.uk/uksi/1999/3491/pdfs/uksi_19993491_en.pdf)

Application for interim orders
2.69F—(1) A party may apply at any stage of the proceedings for an order for maintenance pending suit, interim periodical payments or an interim variation order.
(2) An application for such an order must be made by notice of application and the date fixed for the hearing of the application must be not less than 14 days after the date the notice of application is issued.


This therefore interprets "listed" as used elsewhere as "the date fixed for the hearing" (ie. the date the hearing happens) but in any case it is "not less than 14 days" rather than "within 14 days", which doesn''t really help solve my original question which is simply "when do I have some chance of getting some money from the person who stole everything from me".

I guess we''re back to - it''s not likely to happen for 2 or 3 months at least, so I need a plan B.

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07 Jan 15 #453173 by Fiona
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OK, I found time to look it up. Here is the Family Procedure Rule from the Ministry of Justice website;

18.8
(1) Subject to rule 2.4, a copy of the application notice must be served in accordance with the provisions of Part 6 –
(a) as soon as practicable after it is filed; and
(b) in any event –
(i) where the application is for an order under rule 9.7 at least 14 days; and
(ii) in any other case, at least 7 days;
before the court is to deal with the application.

www.justice.gov.uk/courts/procedure-rule...rts/part_18#IDAGBEIC

MPS is an order under rule 9.7

  • mishka
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07 Jan 15 #453174 by mishka
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Fiona wrote:

...
(a) as soon as practicable after it is filed; and


Thanks for looking up.

So I understand now that the minimum 14 days is to allow time for a response from the other side.

Given that MPS is for people with an immediate need, does it get any priority attached to it in scheduling? I''m guessing not from what I''ve read elsewhere.

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07 Jan 15 #453179 by WhiteRose
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Also MPS applications don''t come cheap - thought they are around £3k.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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