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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.

 

new CAO application 10 months after the order

  • Besselsleigh
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21 Feb 16 #474516 by Besselsleigh
Reply from Besselsleigh
Thank you for your support. I agree with every word you say re the court system. It is a joke if the orders on a child''s routine and welfare can be so easily changed, affecting the parents'' money and nervous system.
Unfortunately the court let me down. At the FDHRA turned into FH my position was no change to contact (currently two overnight stays per fortnight for the father, plus three 3 hours a day 3 times a week), I heavily relied on the letter from school recommending no change and disruption as the child had a therapy. The Magistrates considered the child has adjusted and the father’s contact should be extended. So he got Sun night and every Wed night. No shared residence though, and it is good, as there is no communication between us at all and he is an abuser (he shouted at CAFCASS officer at the court and pissed off the mediation rep, yet, they did not stand up for me). Basically, this hearing was not about the child’s welfare, but about the contact the father has, which I think is wrong. another therapy is likely to be possible.
I applied for Section 91 14, but it was dismissed (unsurprisingly) as he was not considered vexatious (only a second application and it was partially granted). They did not consider any effect further litigation can have on me as primary carer, even though I enclosed a letter from my GP re. my stress-related illness. They do not care.
I am frustrated and very worried he will be dragging me to courts every year now, until he gets what he wants. He has not been discouraged not to use the court proceedings as means of distraught and manipulation. Alas.
Hang in there, just do your best.

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