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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.

 

Court Form A

  • Miha
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13 Oct 17 #496883 by Miha
Topic started by Miha
Good evening everyone

Hope someone can shed some light on this for me.

I have been informed that my ex has applied for court form A forvsepparation of assets.

We have a Consent Order in draft but I haven't signed it as I said I want legal advice on it. He has not disclosed all his income and I don't find it fair.

What shall I expect at this hearing? Since separation I am under a lot of pressure and emotional abuse from my ex. I do admit that I find the court intimidating and scary. What is best to do and not to do for the first hearing?

I was planning to pay a solicitor to check the consent order but now I am afraid that I might need to take a solicitor for representation and I cannot afford both.

Any advice is much appreciated. I am at the end of the rope here.

Many thanks.

  • Bubblegum11
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15 Oct 17 #496945 by Bubblegum11
Reply from Bubblegum11
If you don't think the Consent Order is fair and that there are undisclosed finances which would alter the split then Court would be the next step.
Just be sure that the discrepancy in disclosure is worth the Court proceedings in terms of time, stress and costs.

Your ex should have provided some basic disclosure with the draft consent order.

I would suggest you read up on going to court for a financial settlement and there are some good books out there for LiPs. Lucy Reed has an excellent one called 'Family Court Without a Lawyer'. A new edition has just come out so should be pretty up-to-date. There is plenty of info and resources online and on this site. You certainly can navigate the first stage of Court without legal help as long as you prepare well.

  • Miha
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15 Oct 17 #496947 by Miha
Reply from Miha
I did not apply for the court, he did. My intention was to ask a solicitor on the consent order's fairness and take it from there. He does not like the idea me asking for legal advice and he does not agree to go for mediation or to change the terms.

I don't even know his intentions yet, to get to final hearing or to agree sooner. Or if he is hoping to recover some of the costs from me.

Thank you for the book recommendatio. Much appreciated.

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15 Oct 17 #496950 by Bubblegum11
Reply from Bubblegum11
It's early days yet and it takes time to get to a final hearing. There is nothing to stop you from getting legal advice and making a counter offer on the basis of the advice you receive. Just because Court proceedings are initiated does not prevent you from continuing to negotiate a fair outcome directly or through your lawyers.
Take control and don't let him intimidate you into not taking legal advice of your own.

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