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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.

 

Adjournment

  • Jane2014
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13 May 16 #478092 by Jane2014
Topic started by Jane2014
My final hearing was adjourned as the Judge did not approve the Consent Order. We were court ordered to return for Directions.
However somewhere along the line it became a Notice to show cause hearing. Although no ammendments the Judge had suggested were made to consent order it was allowed
to stand as I had under pressure signed the consent order.
Can someone explain how the adjournment became a Notice to show cause hearing?
Thanks

  • s59
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13 May 16 #478128 by s59
Reply from s59
I''m no lawyer but sounds like the other side made an application (also called a Dean Summons) to draw attention to you wanting to back out of the consent order. Ring the court "no"-help-line to ask them whether there was an application that you haven''t been served with, they should be able to tell you?

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13 May 16 #478134 by Jane2014
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My barrister advised me that as judge would not approve the order I was allowed a "second go" and the Directions hearing would be to discuss the outstanding issues raised by the judge.
Would the hearing ordered by the judge be a seperate hearing or did somehow the other side make it into a notice to shoe cause hearing thus ignoring the reasons as to why judge would not approve the consent order.
I think the other side told me they had applied for a notice to show cause hearing but I attended court believing I was going to a directions hearing. Are you saying court should have told me?
I cannot afford to pay the insurance premium for a no win no fee misrepresentation case although been advised I have a very high chance of winning. I have been advised to try the small claims route although I am aware there is a limit of 10k which is better than nothing.
I am visiting the CAB next week and need to know how the courts operate. I appreciate the advise to give the court a call.

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15 May 16 #478212 by Unexpected101
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You''re fortunate if you can get help from the CAB, they refused to help me saying it would be like they were acting for me - and I''d only gone in for basic advice

  • Jane2014
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16 May 16 #478313 by Jane2014
Reply from Jane2014
They actually brought in a retired judge to answer my questions, and he was most helpful but whether they will do that again I am not sure!

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17 May 16 #478336 by s59
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Pot luck with CAB, anything from students to very qualified people. If you use the RCJ CAB you only get three sessions. I don''t really understand this arbitrary limit, I know they will be stretched but it seems a bit odd to cap at 3. Also obviously they''re short sessions, so they don''t have time to get into your issue much. Perils of free help I guess..

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17 May 16 #478339 by Jane2014
Reply from Jane2014
So far I have come across perils of any help and advice. Having paid for a barrister to give me good advice at a final hearing I get 5k costs because I should of stood up to her as her advice was incorrect. Had I been LIP the Judge advised he would not of approved the consent order, but as I was legally advised albeit incorrectly the consent order had to stand. Very difficult now as to determine who gives correct advice!

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