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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.

 

Intervenor

  • mizzex
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14 Jan 15 #453726 by mizzex
Topic started by mizzex
Hi,

What happens if the intervenor in a case does not acknowledge the court Directions to intervene regarding financials as part of FH?

Therefore doesn''t submit any statements and/or doesn''t show up in court.

Thank you.

  • dukey
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14 Jan 15 #453731 by dukey
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It''s down to the judge to decide, the is no standard, each case will be dealt with accordingly.

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14 Jan 15 #453735 by mizzex
Reply from mizzex
Thanks Dukey.
Do you know if the Judge can make an order that is binding on the Intervenor even in absence of them turning up?

  • .Charles
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14 Jan 15 #453741 by .Charles
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Yes, the court can make an order that is binding upon anybody who is a party in the proceedings - this would include the intervenor.

The intervenor would usually have had to make an application to the court to intervene in proceedings therefore they are inviting the court to make an appropriate order - even if this is not in their best interests.

Charles

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16 Jan 15 #453891 by mizzex
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Hi Charles,

I see on this post, www.wikivorce.com/divorce/Divorce-Advice...n/Page-2.html#453866

You mention that the intervenor''s cost will be paid for jpintly by the applicant and respondent unless the judge directs otherwise.

How is this usually reflected? In the case i''m aware of, it makes no reference to who should pick up the intervenors cost''s on the FDR direction order.

Appreciate your guidance.

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17 Jan 15 #453958 by .Charles
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It depends what happens during the proceedings. The intervenor''s status in proceedings is in a civil law capacity therefore they will receive their costs if they are have to become party to proceedings to protect their position.

The intervenor is usually represented by another solicitor as representation by one of the solicitors acting for the applicant and respondent would usually cause a conflict of interests.

Any costs order would be made by consent if the matter was settled or at the final hearing when the judge would see whether the intervenor won or lost heir point.

Charles

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18 Mar 15 #458240 by mizzex
Reply from mizzex
It turns out that the ''intervenor'' doesn''t have the money to instruct a solicitor and intervene.

It seems a bit bizarre that in the absence of being able to intervene due to money, and they cannot self rep due to other issues, that their said interest may just be swept aside.

Any advice on what can be done in this situation?

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