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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 - Advice please

  • Ebonee67
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22 Oct 15 #468399 by Ebonee67
Topic started by Ebonee67
I have my FH in 4 weeks and am so worried. I will have a Barrister with me but can someone on here advise me: Will I have to speak, what I will have to say, basically how will the day run etc etc?

  • TurboB
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22 Oct 15 #468401 by TurboB
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Both the applicant and respondent will be cross examined under oath on the documents and statements that you have submitted to date.

It wont be pleasent.

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22 Oct 15 #468403 by Ebonee67
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Will it be simple questions like me being asked to confirm things or new questions? What happens if I get in a state and struggle to think straight? What will happen if my husband gets aggressive and makes me feel intimidated?

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22 Oct 15 #468404 by TurboB
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You ex can only get aggressive with the person asking him the questions - you won''t be as you have a barrister to do that.

Barristers will be trying to pick holes and highlight contradictions etc in an effort to secure the best outcome.

If you find yourself panicking, ask for a moment to collect yourself. Water will be on hand. If you don''t understand the question, ask for it to be repeated.

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22 Oct 15 #468405 by Ebonee67
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Who will be asking me questions? The Judge, my Barrister, his Barrister or him directly?
Will the Judge halt the hearing for a while or so if ex gets aggressive?
Sorry to ask so many questions but I have done everything to the book over this and he has ignored every deadline, behaved badly, been aggressive, buried his head in the sand, paid minimum child maintenance and not any most months, continued to live in the FMH for a year after proceedings began and paid £150 a month for only 6 of those 12 months. I am desperate to buy him out and hold on to the house but am so scared after all this fighting that may not be the case.

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22 Oct 15 #468406 by naziam
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"Will it be simple questions like me being asked to confirm things or new questions?" - It will be to start with and then it could be anything and really they try to get you to talk very quickly and so make mistakes as the barristers main skill is to think and talk quickly. Ways to slow them down and allow you time to think about your question are to ask them again and again to repeat their question, even if you have understood it. Another would be to verbalise that you are thinking about the question saying something like let me think about that for a minute. They will be very rude with you, basically to try to get you flustered.

"What happens if I get in a state and struggle to think straight?" - If you need to you are free to ask to take a five minute break and you can leave the room or get some water.

"What will happen if my husband gets aggressive and makes me feel intimidated?" - If you are both represented your husband won''t be able to ask you questions himself. If you feel he is intimidating you in other ways tell the judge as effectively the judge is the referee in the situation.

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22 Oct 15 #468407 by Ebonee67
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Thank you-am really not looking forward to 18th November

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